Shooting a cyclist in the head is not attempted murder

A grand jury in Asheville, North Carolina has reduced the charge against a man who allegedly shot a cyclist in the head from attempted first-degree murder to felony assault.

According to reports Alan Simons was shot in front of his wife and three-year-old child by motorist Charles Diez after a confrontation along a busy road on July 26.

The Asheville fireman, 42, was reportedly angered that Simons was riding a bike with his child seated behind him on such a busy road.

Diez saw the cyclist with his wife the busy local road and decided to pull over and tell them they were acting unsafely. But when Simons ignored him Diez pulled out a handgun and fired. Miraculously the bullet penetrated the outer lining of Simons’ cycle helmet, piercing it in two places, but missed his head.

Where as Diez originally faced up to 13 years in prison, felony assault carries a penalty of around two years. Grand juries deliberate in secret, and District Attorney Ron Moore, who submitted both the assault and attempted-murder charge has said that he doesn’t know why the grand jury rejected the murder charge.