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Car Forum / Driving, Maintenance, Tuning / Driving / July 2009

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Man shoots bicylist for having a child passenger.

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Speeders & Drunk Drivers are MURDERERS - 28 Jul 2009 04:36 GMT
http://www.wyff4.com/news/20187786/detail.html#

Police: Asheville Firefighter Shot Bicyclist
Officers Say Pair Argued Over Child Safety

POSTED: 7:37 am EDT July 27, 2009

ASHEVILLE, N.C. -- A driver, now identified as an Asheville firefighter,
shot a bicycle rider because he was angry the man was riding with his
child on a busy road, Asheville police said.

The shooting happened Sunday morning on Tunnel Road.

Officers said the victim was riding with his wife and had his 3-year-old
son in a child seat attached to his bicycle when a driver approached him.

Police said the driver, Charles Diez, claimed he was upset that the
victim was bike riding with his child on the heavily traveled Tunnel
Road.

Diez pulled a gun and opened fire, hitting the victim in his bicycle
helmet, according to police.

They said the bullet penetrated the outer lining of the helmet but did
not actually hit the victim's head.

Police arrested Diez and charged him with attempted first degree murder.

His bond was set at $500,000.

Diez has been a firefighter with the Asheville Fire Department since
1992, according to officials.

On Monday, they confirmed he has been placed on paid investigative leave
pending the outcome of this investigation.

-------------------------

I hope some charges are filed against this stupid "parent" too.
Ted "I survived Chappaquiddick" Kennedy - 28 Jul 2009 15:58 GMT
On Jul 27, 11:36 pm, "Speeders & Drunk Drivers are MURDERERS"
<xeton2...@yahoo.com> wrote:
> http://www.wyff4.com/news/20187786/detail.html#
>
[quoted text clipped - 35 lines]
>
> I hope some charges are filed against this stupid "parent" too.

Why? Unlike you, the child actually has a father.
richard - 28 Jul 2009 16:26 GMT
>http://www.wyff4.com/news/20187786/detail.html#
>
[quoted text clipped - 6 lines]
>shot a bicycle rider because he was angry the man was riding with his
>child on a busy road, Asheville police said.

sh.t for brains should be slapped in jail for a few years.
And I trust he is charged with the illegal carrying of a weapon in his
vehicle. Then, I hope the guy shot sues the crap out of the
firefighter and the department.
necromancer - ECHM - 28 Jul 2009 16:34 GMT
>Then, I hope the guy shot sues the crap out of the firefighter

Lots of luck collecting....

>and the department.

Why should the department be sued as well? I saw nothing in the
article that indicated that he was on duty or driving a department
vehicle at the time.

--
"Speeders & Drunk Drivers Are MURDERERS," supports letting
drunks drive:

"Yup - another scam by the automakers to increase car
prices and thereby profits for themeselves."

--"Speeders & Drunk Drivers Are MURDERERS," 3/27/07
Ref: http://snipurl.com/1dwi4
Message ID:  mKaOh.17057$tD2.15903@newsread1.news.pas.earthlink.net
Brent - 28 Jul 2009 17:30 GMT
>>Then, I hope the guy shot sues the crap out of the firefighter
>
[quoted text clipped - 5 lines]
> article that indicated that he was on duty or driving a department
> vehicle at the time.

I don't know NC law, but his status as an employee of the government
might be the reason he's allowed to carry a firearm. (assuming he is
allowed to carry it in the absence of charges of carrying a firearm
being reported) It is certainly part of his control freak mentality and
(part of) why he decided he had the authoritah to tell other people what
to do.
Ad absurdum per aspera - 28 Jul 2009 22:46 GMT
> > Why should the department be sued as well? I saw nothing in the
> > article that indicated that he was on duty or driving a department
> > vehicle at the time.

> I don't know NC law, but his status as an employee of the government
> might be the reason he's allowed to carry a firearm.

North Carolina has a "shall issue" (unless there's a good reason not
to) concealed carry law, so pretty much any resident with a clean
record who meets certain training requirements can get one.   Whether
he had one I know not.  The articles don't seem to mention this.

My (mis)understanding is that firefighters usually wouldn't be armed
in the course of duty, though in some jurisdictions, there are  fire
related personnel (arson investigators and so forth) who are sworn
peace officers; those [may | must] carry weapons.

In this case, the Asheville Citizen-Times reports that the shooter
confronted  the bicyclist about having the kid on the bike, and drew
and fired when the bicyclist walked away.   I don't know if attempted
first-degree murder will stand (depending  on whether there is a
requirement for premeditation, and if so, how well they prove it)
but you can see how that isn't going to look good in court:  he
chooses the confrontation, the victim physically disengages, and then
he shoots?    (At least it doesn't have the "we had to destroy the
village in order to save it" surreal heights of illogic that I first
flashed upon when reading this thread.)

What I see in the papers thus far sounds like a perfect antipattern
for how a citizen with a concealed weapon is supposed to carry
himself.    Unless his side of the story is a *lot* different, he's in
trouble up to his ears and sinking.

--Joe
Brent - 28 Jul 2009 23:19 GMT
> In this case, the Asheville Citizen-Times reports that the shooter
> confronted  the bicyclist about having the kid on the bike, and drew
[quoted text clipped - 11 lines]
> himself.    Unless his side of the story is a *lot* different, he's in
> trouble up to his ears and sinking.

With the information you added the guy sounds more like a cop than a
firefighter.
necromancer - ECHM - 28 Jul 2009 16:49 GMT
SFB spewed:

>I hope some charges are filed against this stupid "parent" too.

Tough sh.t, cupcake. Pedalcyclists have more right to use the road
than you have to abuse the road.

--
"Well - that's what our highway terrorists, the speeders and drunk drivers
and red light runners and other criminal drivers do. Over 3000 americans
killed every month"

--Speeders  & Drunk Drivers Are MURDERERS,  1/29/07
Ref: http://tinyurl.com/2rfqhp
Message ID: <Xns98C7BC0AA36FDriemann1850yahoocom@207.217.125.201>

"Another 43,000 americans were killed on our highways…"

--Speeders & Drunk Drivers Are DEADLY PSHCHOPATHS, 1/20/07
Ref: http://tinyurl.com/2utsnx
Message ID: <1169317176.400941.294860@l53g2000cwa.googlegroups.com>

(And we know they are both YOU, so don't even try to deny it!)
richard - 28 Jul 2009 17:49 GMT
>SFB spewed:
>
>>I hope some charges are filed against this stupid "parent" too.
>
>Tough sh.t, cupcake. Pedalcyclists have more right to use the road
>than you have to abuse the road.

Yeah and many of them believe that the laws do not apply to
pedalcyclers. I see way to many times where they just ride right by a
stop sign with no cares in the world. I jumped on a guy's case about
that one day because he came damn close to hitting me and I had no
stop sign. He just figured I would slam on my brakes for him.
Brent - 28 Jul 2009 22:43 GMT
>>SFB spewed:
>>
[quoted text clipped - 8 lines]
> that one day because he came damn close to hitting me and I had no
> stop sign. He just figured I would slam on my brakes for him.

Why is it that there is always someone who brings up that some guy on a
bicycle ran a stop sign or a red light?  Are you saying because once
upon a time someone on a bicycle ran a stop sign it's okay to shoot
somebody else on a bicycle?  I was nearly hit by a guy driving a pickup
truck who ran a stop sign... the traffic lights were being worked on and
dumbass decided that the signals being dark and the stop sign unfolded
meant he didn't have to stop. Does that mean I can shoot anyone driving
a pickup truck that offends me?
Brent - 28 Jul 2009 17:30 GMT
> http://www.wyff4.com/news/20187786/detail.html#
>
[quoted text clipped - 6 lines]
> shot a bicycle rider because he was angry the man was riding with his
> child on a busy road, Asheville police said.

This guy is the type of control freak I encounter (minus the gun) every
so often.

> On Monday, they confirmed he has been placed on paid investigative leave
> pending the outcome of this investigation.

A paid vacation for the tax-feeder. regular people in the private sector
would be fired upon the charges.
 
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