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Shea Gunther

Shoot a cyclist, get 4 months in jail

A North Carolina firefighter will spend 120 days in jail for shooting a cyclist in the head during a side-of-the-road argument over -- get this -- safe biking habits.
Wed, Nov 25 2009 at 2:45 PM EST
Read more: BICYCLES

Photo: Pete Swede/Flickr
Kathey Kaye Rider of Asheville, N.C., was sentenced to 20 years in prison for selling some of her prescription painkillers to undercover police officers.
 
 
There's justice for you.
 
Diez, who worked as a firefighter, was upset when he saw Alan Simons riding on his bicycle with his 4-year-old son buckled into a seat mounted on the back. Simon's wife was also riding along on her own bike. Diez pulled his truck over and confronted the family, arguing that it was unsafe to travel on such a busy road with so young a child.
 
Logically, Diez then took his gun out of his truck and shot Mr. Simons in the head.
 
You know, to teach him to be safer.
 
Luckily, the bullet only grazed Simon's head and became lodged in his helmet.
 
Diez was initially charged with first-degree murder, but a grand jury refused to press those charges, reducing it to a felony assault charge.
 
Superior Court Judge James Downs sentenced Diez to 15-27 months and suspended all but 120 days, citing his military record, positive employment history and good character as mitigating factors. Sentencing guidelines for his crime could have allowed for a sentence of up to 20-39 months. Diez is also required to pay $1,200 to cover the costs of Simons' medical bills and attend anger-management training.
 
I know the world isn't a fair place, but this is just galling. Some hotheaded jerk shoots a guy in the freaking head and he won't spend more than a turn of a season behind bars.
 
Green Hulk mad. Green Hulk smash.
 
 
h/t to Treehugger for this one.
 
 
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Comments(6)

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Posted By MNN User - Thu, Feb 18 2010 at 4:05 PM EST

Remember, this is "southern" justice

They're not called Good-Ole-Boys for nutt'n. It's my understanding that there's a big difference between LAWS and guidelines. Maybe if it was a shoving match and a busted lip, But a gun and a shot fired intentionally, with a child present!!! Definitely smells like there's a family linkage here, which trumps common sense. Welcome to the south.

Posted By Gorax - Sat, Nov 28 2009 at 8:41 PM EST

Justice. Pff.

"...citing his military record, positive employment history and good character as mitigating factors."

HAHAHAHAHAHA!

It's disgusting, but not shocking--similar incidents happen more and more these days. If you work for the state, you can get away with pretty much anything, sadly.

At least he wasn't suspended with pay.

Posted By 2persons - Fri, Nov 27 2009 at 2:50 PM EST

An Eye 4 an Eye Eye Say!

I think your right, he is "Some hotheaded jerkass".
With a response from the law like that I guess we'd all be safer if his wife was packin some heat too eh?

Posted By Richard - Thu, Nov 26 2009 at 3:32 PM EST

He's proof

Well he has proven that it's not safe, but with crazies like Diez on the road, it's not safe for anybody, let alone cyclists. I notice that there is no mention of taking his firearm away from him and banning him from owning one.

Posted By jonathan - Wed, Nov 25 2009 at 3:23 PM EST

incredible

wow, we've really gone down a dark and twisted road as a country. good bye america, it was nice while it lasted.

Posted By Jason - Wed, Nov 25 2009 at 2:38 PM EST

Ridiculous

As a biker, this is just ridiculous. Regardless of whether or not the guy actually died, the shooter should be put away for a good long time.

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