Former Asheville fireman gets 4 months for shooting at cyclist

ASHEVILLE — A former Asheville firefighter will spend 120 days in jail for shooting at a bicyclist, narrowly missing his head with a bullet that pierced the man's helmet.

Charles Alexander Diez, 42, pleaded guilty Thursday to assault with a deadly weapon with intent to kill, but testified during his sentencing hearing that he only fired a warning shot and didn't intend to hurt Alan Ray Simons.

“I was the one who felt truly, truly threatened,” Diez told the court. “It was not my intention to shoot him.”

Simons described being confronted by the 17-year Fire Department veteran on the morning of July 26 as he was riding his bike along Tunnel Road with his 4-year-old son in a seat on the back and his wife on another bike.

He said Diez yelled at him from his car, claiming he was putting the boy's life in danger by riding on the busy roadway.

“We were out for an enjoyable ride, minding our own business,” Simons said. “At any point, he could have left.

“When I got to his door, the gun was pointing at my chest. I turned to walk away, (and) the gun went off. He chose to pull the trigger.”

Superior Court Judge James Downs sentenced Diez to 15-27 months in prison, with all but four months suspended for 30 months. If he runs afoul of the law during that 30 months, the full sentence could be imposed. Diez will be subject to a curfew after his release and must complete an anger management course. He also was ordered to pay Simons $1,200 restitution to cover medical treatments for damage to his eardrum.

The presumptive sentence for someone convicted of assault with a deadly weapon with intent to kill is 20-39 months under state sentencing guidelines.
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