When Shooting A Man In the Head Isn’t Murder

A grand jury has rejected the accusation of attempted murder against a firefighter who shot a man in the head while he was bicycling with his daughter. The man survived since his helmet blocked the shot from killing him. How is this not attempted murder? Favoritism, because he is a firefighter? The grand jury let the charge drop to assault with a deadly weapon.

The accused said that he was worried for the girl’s safety because she was bicycling with her father so he attempted to shoot and kill him with a bullet to the head.

Diez, 42, apparently fired at the Asheville man after arguing with him about riding his bike on the busy road with his 3-year-old child in a bike seat behind him, Asheville Police Capt. Tim Splain said.

Diez was driving his car off Interstate 40 at Exit 55 at about 11:24 a.m. when he saw Alan Ray Simons and his wife riding bikes up the road and decided to tell Simons the situation was unsafe for the child because of heavy traffic, Splain said.