LET THE SNOWFALL BEGIN

Somewhat earlier than predicted, the snow has started falling in Western North Carolina on this 27th Wedding Anniversary and 27th Date of Great Speechlessness as its known in the Gr8SmokiesZeke lair. When I checked at 4:30 a.m. this morning, there was just a light dusting of snow, which wasn’t predicted to get here until after noon. Now at 7:30 a.m., the snowfall has intensified and is beginning to accumulate. At 7:49 a.m., we have:

• Temperature of 30.3 degrees
• Dew Point of 28.3 degrees
• Barometric Pressure of 30.67 and it is beginning to fall now indicating the storm center is moving our way.

Here are some beginning pictures to get us started on the day…

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It's time for that first cup of good coffee and to enjoy the snowfall. We’ll see how close to the total accumulation amounts the forecasters get. Late last night, they were calling for 3” to 6” in Waynesville. I just heard from the “Nickster” and he is reporting that Ray’s Weather Service is calling for upwards of 8” to a foot of snow now.

9:49 a.m. entry…

The snow continued until the last few minutes and we now have sleet mixing in with lighter snow. Our accumulation rate was about an inch per hour at one point although it has dropped off as I write now. After my fourth cup of “joe” , I note I’m typing faster… Here’s a couple of updated images.

 

 

 

 

 

 

 

 

Current temperature of 30.6 degrees

Current dew point of 39.3 degrees

Current barometric pressure of 29.99 and still falling

 

12:10 update…

A new band of moisture has moved into the area and the snowfall accumulation has increased to 4.5” at our house now. We appear to be in a long cylindrical band of moisture moving north from upstate S.C. with the heaviest moisture being in the Knoxville, TN area to our west-northwest. Latest images follow:

 

 

 

 

 

 

 

 

• Current Temperature: 31.5 degrees
• Current Dew Point: 30.5 degrees
• Barometric Pressure: 39.86 and still falling…

For a nice video about Winter Cycling (stay with a theme here), visit Cycling Expreriences for today’s post.

16:53 hours update…

Power lost at 15:00 hours. Now running on generator power. Currently at 11” and counting. We made one run down the mountain to get gas for the generator. Had only 1 tree down over road that had to be cut up. Computer with weather station is down and won’t boot up again… Grrrr!

19:30 hours update…

Power has been restored and we are back on-line now. We now appear to be on the outer edge of the final moisture band for the day. Drier weather should be making its way into the area over the next couple of hours. We are at 13” inches with light snow falling. I just heard yet another tree snapping and breaking as I was checking the accumulation. Here are the final two pics of the day.

 

 

 

 

 

 

 

Thanks to all who followed the storm news today! We are predicted to get more snow tomorrow from the wrap-around moisture as the low moves off to the northeast although no particular further accumulation is expected. I have an idea the road bike will stay safe and sound tomorrow!

Until later,

- Zeke

THOSE CRAZY MIT KIDS ARE AT IT AGAIN!

The students of MIT have released their latest research project in Copenhagen at the Climate Change Conference. They have developed a bicycle wheel that stores kinetic energy when braking and then releases the energy back to the rider when needed, say for example, on a long climb. Additionally, the wheel can even recognize your friends when they are around and track multiple data variables through an iPhone. I did not see mention of the RIM Blackberry platform or whether it would be included.  For more information, CLICK HERE!

For images of the wheel, CLICK HERE!

Maybe you can start dropping hints for a Christmas present for 2010!

Until later,

- Zeke

MONDAY USHERS IN BETTER RIDING WEATHER!

The local weather forecasters got this one right today. They predicted heavy fog in the morning followed by warming temperatures and clear skies by mid-day. Bingo! They hit it right on the head. We arose to freezing temperatures of 32 degrees and heavy fog, which led to the formation of black ice on our morning drive to work. For the second work day in a row (last Friday being the first), a vehicle failed to successfully negotiate the ice with the end result being a wreck that blocked both lanes of traffic on US 276 on the segment running from Bethel to Waynesville. We were stuck on the mountain about 30 minutes while they wrestled the offending and now bruised PT Cruiser out of the way so traffic could resume movement. Last Friday, the culprit was a tractor trailer that lost control on the ice as the truck was going up the mountain on the Waynesville side. That little jaunt ended up with a crane being set up in the south bound lane in order to pick up the trailer out of a ditch. One kind soul finally walked up the line of traffic and let everyone know it was going to be another hour before the road would be cleared. We were able to turn around and find an alternative route to work. What is typically an 8 mile drive over 12 minutes or so turned into a 40 minute drive after having waited 30 minutes in the wreck traffic.

At any rate, TODAY turned out, in the word of a Billy Crystal character, MAVELOUS, SIMPLY MAHVELOUS! At least the weather turned out that way… I could certainly tell that I had not ridden in a week! My legs were like dead weights as I started out at noon today. Despite having had a good massage last Friday, my back was still stiff. That along with having eaten poorly this morning kept me from getting into a comfortable rhythm to start the ride.

Fortunately, the good weather and pretty scenes along the route and about 5 miles of riding lubed all my joints up properly and I felt more comfortable on the bike. Initially, I was concerned that I was under-dressed for the weather but I turned out to have hit it just about right. I worked up a nice sweat pulling up Hyatt Creek Road and through the gap and then didn’t get too cold on the descent. After returning to town, I split off on Country Club Drive and managed a short climb over the ridge into the Ninevah section of town. I decided to climb Crymes Cove Road as I haven’t been over it in this direction before.

The “Woodman” had been telling me that it was a tougher climb from the Waynesville side and I do believe he was correct. The climb is longer than from the US 276 side and takes a steeper grade just under the summit. According to my bike computer, it hit a grade of 13% at that point. Fortunately, it was a short segment at the steepest grade. To add to the “fun” of the final climb, the road takes a sharp turn to the left at the top. Traffic coming from the other side would have difficulty spotting you as they top the hill and make what is for them a right hand turn. A little too much speed on their part and they would quickly be in the wrong lane of traffic. There is also a gravel driveway that connects to the road right below the summit. This always means loose gravel is going to be in the road. It is an issue for motorcyclists and bicyclists alike.

The remainder of the ride was mostly on flat ground and I found myself back at my office in short order today. I was happy to be back on the bike today. Our weather has been less than inviting for riding lately and that along with some Christmas gatherings has limited my time on the bike this past week. It looks like we’ve got rain and dreary cold weather moving back in for Tuesday and Wednesday so I’m hoping for a Thursday lunch ride now.

Bits and Pieces!

Congratulations to the Fat Cyclist and all members of Team Fatty for their unbelievable fund raising last week. What started out as a joke open letter from Elden (the Fat Cyclist) turned into a major fund raising effort for the LiveStrong Foundation and a separate bicycle related organization. To see those details, check out the Fat Cyclist by clicking the Fat Cyclist link above and scrolling to the 12/08/2009 entry. (I’d make the link go there but I’m having problems getting it to work today.)

Want to see some pretty sunrise images from the Ozarks as Jim rides to work this morning? CLICK HERE!

And finally, check out the rapidly growing SCEPTER project of my friend Jim at Cycling Experiences!

Until later,

- Zeke

BRO DAVID TAKES THE CAKE

In breaking news from Fayetteville, David “Blue Ridge” Yount was the winning pick in Cycling Experiences 100K contest. Jim Artis, blogmeister and owner of Cycling Experiences has been running a contest to see what date and time his blog would receive the 100,000th visitor. Well, that happened just moments ago.

Yount’s selected date of December 4th at 5:01.10 p.m. was the closest to the actual winning time. Yount donated his winnings of $100.00 to Artis’s favorite charity, which in this case turned out NOT to be moi but the Rails To Trails Conservancy – Southeast Region.

Now living in the Los Angeles area, Yount is a native of Waynesville NC where he was one of the last student athletes to letter in 4 sports at Tuscola High School. Following graduation, he matriculated at Appalachian State University in Boone, NC where he received a full football scholarship. He earned the starting wide receiver job as a freshman and held that position until a back injury cut short his playing career in his sophomore season. He completed his Communication Arts degree in 3 years and entered the field of cable TV communications following employment with WYFF in Greenville, SC where he travelled with the Clemson athletic teams.

Upon moving to Los Angeles with his wife Kimberly, he travelled the world shooting video and producing film for the Children’s Miracle Network. He later became head cameraman at the NBC affiliate in Los Angeles. He moved to the FOX network and worked in both the sports and children’s programming arenas until the birth of his daughter brought about a need for more family time. He continues to work with FOX in production and enjoys time spent with daughter Lizbeth and wife Kimberly. He spends time on the trails and in the hills near his home on his RANS Dynamik Crank Forward bicycle.

Good picking, my man!

Until later,

- Zeke

SUNDAY RIDE AMIDST LEFTOVER SNOW

Well, the snow event of December 5th didn’t really amount to much as it turns out – at least not here in Waynesville. It sure started out like we were going to get some accumulation. The “Best Half” and I enjoyed our morning coffee while watching horizontal snow and the bending of the big trees across from our house. At times, you couldn’t see across the cove and it reminded me of some blizzards during my collegiate career in Boone, NC at Appalachian State University. Alas, the precip moved on without much accumulation below 3000’.

I took the opportunity to get in a very brisk afternoon ride today. The temperature was at 39 degrees when I started and warmed up to a balmy 40 degrees as I pedaled around town. Per my bike computer, the temp dropped to 33 degrees at about 3000’ elevation as I crossed through Hyatt Creek Gap.

To combat the cold, I had on Under Armour pants and turtle neck shirt as a base layer, my heaviest pair of Pearl Izumi socks, my Pearl Izumi bibbed knickers with my Pearl Izumi winter weight cycling jersey topped off by my lighter weight Pearl Izumi wind jacket. I had on my Pearl Izumi winter weight gloves and could have used my silk gloves as an underlayment for my fingers. I had on a Pearl Izumi skull cap that covered my ears and my Harley Davidson fleece neck wrap, which covered my ears, mouth, and neck. Whew! I certainly could have used a heavier jacket. I’ve been looking at the Novaro Stratos Cycling Jacket at REI for winter riding. Maybe Santa will drop one by the Zekester’s homestead on his flyover this Christmas!

(Sitting in the gap at Hyatt Creek) 

The ride was pretty uneventful and I did not see a single other cyclist out today. I did enjoy a brief chat with a woman walking her dog on Hyatt Creek. We both agreed it was a good day to be out and about.

(Hyatt Creek Gap looking south)

(Same location 2 weeks ago…)

After descending from the gap, I returned to town via Old Balsam Road and then made my way to Main St. via Brown Avenue. I extended my trip to get a few more miles in by staying on North Main and eventually intersecting with Howell Mill Road. While traversing Howell Mill, I noted again the amount of litter (mostly beer bottles/cans) that line the road. A new observation though was that there were multiple 6 packs of partially imbibed Bud Lite. I’m guessing that the route is taken by the same person frequently and they dump their unopened and opened beers in the same place each time. It is just too much coincidence that this much unopened Bud Lite keeps getting thrown along the same stretch of road.

I now have only 36 miles to go to reach my 1000 mile goal for this year. I’ve still got about 24 days to pull it off… If you’d like to see the map of today’s ride, CLICK HERE! 

P.S., I do not get paid or receive any remuneration from Pearl Izumi or any other company whose product I might mention here. I simply find these to be great products for me.

Until later,

- Zeke

SNOW PROJECTED TO ARRIVE TONIGHT

Well, if the fine, fine forecasters haven’t jinxed us, we may get to see some of the white stuff over the next 24 hours. The National Weather Service has now issued a Winter Storm Warning (upgraded from a Watch earlier today) and are calling for 3” to 5” of the fluffy stuff. They’ve also dropped their references to only the higher elevations above 3500’. Who knows, maybe we’ll awaken to a snowscape tomorrow. It would be nice for a change and a good excuse to stay inside. I made the obligatory run to the grocery store and laid in some provisions. I developed a taste for eggs, Jimmy Dean HOT sausage, and Belgian waffles in the morning that forced me back into town and the store…

ARTIS DOES ME A KINDNESS…

My blogging friend and fellow cyclist down in Fayetteville, NC has done me a fine honor of mentioning some of my pursuits in his posting today. If you’d like to check it out, CLICK HERE! Many thanks, Jim!

HAPPY BIRTHDAY BRO DAVID!

(Appalachian State Alum Bro Dave with his snazzy ASU Cycling Jersey birthday present from ASU Alum Bro Zeke! GO APPS! Beat Richmond!)

My younger brother David, who lives in the L.A. area, gets to celebrate his 47th birthday today. At least I think it is his 47th. There is one short month where he is ONLY 9 years younger than me and then it reverts back to 10 years when I roll over another year on this orb. He still has more hair (although not much) than I do and has combated our familial high cholesterol to the point where I now outweigh him by about 20 lbs. I hope he gets to ride his crank forward bike today or tomorrow and start another year on 2 wheels!

EARLY DECEMBER RIDE THIS WEEK…

My Tuesday lunch ride comprised the entirety of my riding this week. We were still under the influence of a high pressure system at that point so we had some clear skies with temps getting into the mid-50’s on Tuesday. I took the opportunity to revisit an earlier ride from this season and one I wrote about HERE!

I left my office at High Noon and headed east and north toward NC 209 with the intent of riding to the entrance to WeKirk Farms at Rush Fork. The entrance to the farm is at the crest of the first of two climbs to top Rush Fork. Once I reached Lake Junaluska from Business 19/23, it was a straight out and back ride on NC 209 to accomplish my workout.

The mid-50’s temps were quite pleasant. I simply added my Under Armour long sleeve top and was quite comfortable. I warmed up to the point of needing to unzip my wind breaker. The heavier gloves I was wearing felt quite good, particular on the descent from Rush Fork. A couple of differences I noted in this ride and the earlier ride this year was 1) my significantly improved condition and 2) the increased traffic.

I was pleased with the former and quite careful of the latter. I recall the frustration of not getting to the top of this climb back in the late spring. This time I spun right on up without concern about not making the climb. It is a nice feeling to sense the improvement in my overall conditioning.

The increased traffic is a direct result of the closing of I-40. Travelers now try to save time by climbing over Rush Fork, Betsy’s Gap, and down through Trust and Luck, NC (No, I am NOT making up those names) to Hot Springs where they can scoot back over to I-40 in eastern Tennessee. Unfortunately for way too many of them, all they accomplish is getting lost and having to backtrack. These folks are easy to spot. They are pulled over to the side of the road looking at maps!

Some folks in the Fines Creek section of Haywood, have posted signs along the road that say “Your GPS is WRONG!” Unfortunately, the NC Highway Patrol hasn’t increased their presence on this road so the traffic is moving way, way over the speed limit most of the time. I may well restrict my riding down there for awhile as it really doesn’t feel safe.

However, on this past Tuesday, it was pretty! I took some images of the mountains around Rush Fork and of the property owned by WeKirk Farms.

(WeKirk Farms…)

 

 

 

 

 

(WeKirk is a Land Grant to the Kirkpatrick family dating back to King James)

(My Fuji CCR3)

 

 

 

 

 

 

 

(Hmm, my blue outfit seems to match the sky on this date!)

The ride back to the office was equally as nice as the ride out and got me several miles closer to my goal for this year of 1000 miles. I’m easily within striking distance of my goal now and that feels pretty darned good!

I think I’ll go check the weather and pop in the frozen pizza!

Until later,

- Zeke

NOVEMBER ENDS WITH FOWL ASSAULT ON CYCLIST

Yes, I know the riding season has been full of assaults on cyclists again this year. It seems that every day we read more instances where cyclists have been injured and, unfortunately, where cyclists have injured others. I’m about to add to the plethora of documented assaults. I wouldn’t do it but this one somehow calls out for publication. I’m not asking for sympathy or vindication. I just think it is my duty to highlight one of those lurking dangers along our highways in the hopes of saving someone else’s “bacon.”

The day started ugly. Perhaps it was a harbinger of things to come. Clouds heavy with expected rain closed in the sky covering the tops of Cold Mountain and Sugar Top. The actual rain event wasn’t expected until late afternoon so I took the opportunity to clean up some loose ends in the morning and around noon. My “best half” was off caring for her dad and I was alone at the house. My “honey do” list was mostly complete and I could hear the road calling, “you need to ride…you need to ride…you need to ride.

I listened. After all, it was ugly but in the upper 50’s – certainly pleasant enough to ride even if the sun wasn’t shining. I also knew that the “ridable” days were diminishing in frequency for awhile so I wanted to take advantage of the opportunity. I dressed, I ate, I hydrated. I headed off to the local middle school to start the ride from there in a nice safe parking lot.

The ride started uneventful enough. There was a little more traffic than is perhaps normal for a Sunday afternoon in the Bethel community. Still, it was pleasant. I had a nice spin going as I took NC 215 toward Canton eventually coming alongside the river. My legs felt pretty good and I was keeping a decent, for me, cadence going.

In the back of my mind, I knew I would be passing Stamey Cove, which is a road that has been part of the Bele Cher road races in the past. I’ve even ridden escort once on my Harley and I’ve ridden through the Stamey Cove Gap many times but never under my own power on two wheels. I went for it. I wanted to add to my rides yet another climb previously not done by me. The road starts up immediately from the river and has a maybe 4% average grade incline for a mile. About the last 1/2 mile, the grade jumps to 7.9%, which is enough to get this middle aged man’s heart rate up into the low 170’s. All in all though, I pedaled up and over in fine fashion and negotiated the “S” curves on the downhill run.

Rather shortly, I turned off Stamey Cove Road and began traversing the side of the mountain on a road that eventually intersects with Broad Street in Clyde.

(Along Stamey Cove Road – November 29, 2009) 

(Chambers Mountain seen from Stamey Cove Rd.)

The pleasant and, thus far, uneventful but delightful ride continued on into Clyde proper, or as proper as Clyde gets anyway, and from there along Business 19 to Canton, NC. As I headed up NC 110 toward Bethel and the end of the ride, I was keeping a close eye on the skies. A few drops of rain had lit upon me while coming through Canton and I really did not want to get soaked in mid-50 degree weather. Unlike the images above, the clouds had become increasingly heavy looking taking on the appearance of dark gray cotton that was twisted and turned and holding back some heavy material, which at any moment might break through and land upon me.

I made the turn at the Pigeon River and was heading to the truck. Traffic on US 276 had picked up and I was frequently being passed by cars and trucks as they headed north toward Waynesville. The road is narrow and has no shoulders so you really are “sharing the road” along this stretch. I made it past the football field of the local middle school and was beginning to spin up a slight grade. I heard the truck behind me. It’s engine rumble dropping quickly as the driver dropped gears and increased his braking as he came upon me. Clearly, he realized he wasn’t going to beat the oncoming traffic and he and I were about to intersect in time and space.

I was trying to remember that the “Wood-man” always tells me to ride so hard it hurts and if someone hits me, I’ll say “thanks for stopping my pain.” The oncoming traffic made it by me and I heard the truck move to my left and drop a gear to get his speed back up. In a flash, I saw him approaching out of the corner of my left eye. Was there room? I had nowhere to go to give him more room.

And that’s when I heard the explosion. It came at me from my right – the side of the road. The sound immediately drew my attention from the truck as my brain registered this new challenge to life and limb. The disturbance was massive, the screeching unimaginably loud as the truck accelerated by me on its way. Fall’s dried leaves along my right side in the gutter were jumping to and fro and that’s when I saw the first wave of the assault. They were running alongside me, helter skelter, like a gazillion squirrels trying to make up their mind which way to go.

I held fast to my handlebars ready to take on any, who might venture in front of me. Fortunately, they stayed away seemingly quite scared of ME! I don’t know if it was the sound of the truck slowing down that spooked them or the amazingly bright apparition moving along the side of the road that energized them into motion. Whatever it was, I learned that free range chickens can sure make one heck of a lot of noise in dry leaves! Truly, it was an assault of a very fowl nature.

(Please note: No 4X4 trucks or free range chickens were harmed in the telling of this story.)

(Xtra note: To view a map of this ride, Click Here!)

Happy Holidays to All!

- Zeke

“BLACK FRIDAY” DAWNS SUNNY AND COLD

As I rise from bed today amidst the plethora of advertisements winging their way toward me on TV, radio, and computer, I find myself drawn to watching the sun rise above Mt. Pisgah on what is starting out as a gorgeous but brisk day. Yesterday’s heavy cloud cover and intermittent rain/snow showers didn’t amount to much here at home and now seem to have moved on east and north.

My “best half” and I spent yesterday enjoying the Thanksgiving meal with family and friends. Both the cycle and the computer enjoyed their own kind of mechanical “day of rest.” I was tempted to pack up the bike and ride back from my niece's home in northern Buncombe County but other duties kept that from happening. As it turned out, the call of “nap time” was stronger than the call to ride yesterday. Maybe all that turkey and dressing had something to do with it…

Cycling wasn’t far from my thoughts though as the “Wood-man”, Ron-Jon, and I kept a cycling thread of conversation going throughout the meal. We discussed various routes we could have taken back home had we but brought our bikes. Some discussion about Italian frames and component parts was interspersed with the remarks about the dressing and a new broccoli-onion-sunflower seeds-raisin salad my wife brought to the table.

Recent Rides…

Our outstanding November weather continued right up to the cold front that made its way into Western North Carolina yesterday, which allowed me get in a couple more good lunch time rides. Both rides included parts of NC 209 from my office and parts of Iron Duff Road. On the first road, I enjoyed some time on Riverside Drive that runs along the Pigeon River before making my way back up Iron Duff Road to the “triangle” and on back to my office. One aspect of riding in Haywood County is that on almost ANY ride, you are going to pass a local church.

(Crabtree Baptist Church)

 

 

 

and the attendant cemetery.

 

 

 

(Crabtree Baptist Church cemetery)

My second ride of the week took me across Coleman Mountain and to the intersection of US 276 on Jonathan Creek. I needed to get some climbing in that day and Coleman Mountain offers up some decent climbing over the course of .75 mile or so to an elevation of 3054’ with a maximum 10% grade. At it’s peak, Coleman Mountain Road sits above what is now a relatively quiet I-40 due to the ongoing closure of the interstate due to a massive rock slide.

After a nice long descent that was cool and resulted in “goose bumps” on this day, I intersected with US 276 and headed back south and east toward my office. This stretch of road initially served as a conduit from Business 19/23 to I-40 while segments of I-40 were being built many years ago. As such, the road was constructed to essentially interstate standards. With the opening of the section of I-40 connecting Jonathan Creek with Clyde, NC, US 276 became one great road for farmers to get their produce to market. Now that the valley is being taken over, first by trailer parks and now developments on the mountain sides surrounding Jonathan Valley, traffic is more commuter in nature. Still, it is a fine road that is generally flat and good for practicing spinning or just enjoying a fine ride on a warm day. Headwinds can occasionally present some barriers but this day was just a fine spin up the valley.

(Intersection of Coleman Mountain Road and US 276 – northwest view) 

(Jonathan Creek remains agricultural in nature despite surrounding developments)

(The end of Coleman Mountain Road as it intersects US 276)

Some last thoughts on the assault of an Asheville cyclist…

I’ve been following the recent case in Asheville, NC where an individual stopped a cyclist and his family because he felt compelled to educate the parents on the dangers of cycling for their child. In the end, the citizen pulled a gun, fired at the cyclist and the bullet went through the cyclist’s helmet. (You can read more details on my earlier posts.) My points today really concern the aftermath of the conviction and the dialog that has ensued in the local papers and, for that matter, nationally.

Dave Moulton, writing in his November 23rd post, did a very good job of addressing the ongoing rhetoric in similar events. While he was not, to my knowledge, speaking directly of the Asheville incident, his points that we accomplish nothing for cyclists by inflaming the situation with useless polarized rhetoric were well taken and timely to this situation. To be painfully honest, the responses both locally and nationally ON BOTH SIDES of the debate have been, for the most part, less than intelligent. Somehow the situation in Asheville got tied into the tragedy at Fort Hood, our trust of law enforcement personnel, “the cancer of cyclists” etc, etc, etc… Again, there was enough stupidity in the public dialog to make one wonder how we ever expect to resolve our differences.

I am not naive enough to believe that we will ever resolve all of our differences but I would sure like to see some reasonable conversation about how we can avoid similar situations such as the Asheville incident or the Mandeville Canyon incident in the future. For the record:

• The now convicted FELON was not then nor is he now representative of all law enforcement or firefighter personnel or military personnel. He was and is a lone individual, who took it upon himself, to act stupidly and dangerously. He is not to be glorified nor is he to become the face of negative law enforcement and cyclist interactions. (he wasn’t even law enforcement to begin with…)
• The actual VICTIM could have helped avoid the situation by continuing to spin on and not have approached the assaulter, if in fact, that is what happened. The actual news reports were never really clear on this point.
• Anyone who thinks Superior Court Judge Downs is a liberal judge should come on down, commit a crime, and ask to be sentenced by him. You might be surprised at how long you’ll get to review your decision courtesy of the penal system. The point here is that, at this time, nothing has been published that gives the details of how the plea bargain came about. Angered readers are responding based upon their SPECULATION about the personalities of those involved and not the facts of the case. Hopefully, the trial transcripts will be made public and we can all review the FACTS of the case. (I’m not defending the good Judge here, I’m just saying that his long time reputation is NOT one of giving out light sentences and that something that none of us knows about was at play in this case. The local District Attorney could have rejected the plea bargain and pursued the case with the same vigor that ADA Mary Stone did in the Mandeville Canyon case. Again, we aren’t privy to their decisions on this matter.)

So, I suppose that is enough of my “two cents” worth of conversation on the topic. I’m feeling the need to ride now… If you’re still reading at this point, please know that one of the things for which I am thankful this year is the ability to put some words together, float them out there, and have some folks read them!

Happy Holidays to All – cyclists and non-cyclists alike!

Until later,

- Zeke

REACTION TO CONVICTED FIREMAN VARIED

As one might expect in this day and age, reaction to the recent conviction of former Asheville, NC city fireman Charles Diez has been fast, frequent and all over the place. Diez plead guilty to Assault With a Deadly Weapon With Intent To Kill. Diez was originally charged with First Degree Attempted Murder but a local Grand Jury returned indictments on the lesser charge.  The charges were a result of a July 26, 2009 incident in which Diez, off-duty at the time, pulled over the defendant and his family to castigate Alan Ray Simons for riding his child in what Diez felt was unsafe circumstances on a busy city street. The child was in an approved seat attached to Simons’s bike and his wife was following him on another bike at the time.

Judge James Downs sentenced Diez to 15 to 27 months in prison and suspended all but 4 months of the sentence. Additionally, Diez must serve 30 months on probation, conform to a curfew, and complete anger management courses. Diez lost his job with the Asheville City Fire Department on August 8th.

Local responses range from seeing Diez as a “public servant doing his job” and now being frivolously prosecuting to outrage that such a “light sentence was handed down” for such a grievous offense. An increasing number of responses are taking issue with what the writers see as too much focus on Diez’s profession and thereby impugning all firefighters. One or two writers have noted that of 5 witness accounts only one supported the defendant’s contention that Simons reached into his car and grabbed his shirt thus putting him in fear for his life. The one witness to present this perception was apparently Diez himself.

One local columnist, John Boyle,  addressed the issue in his posting today (November 23rd). To view his comments and related remarks, CLICK HERE!

Unfortunately, we didn’t have the benefit of our own local attorney DJWheels, a cyclist and attorney in Los Angeles, in the courtroom each day as was the case in the Mandeville Canyon case in Los Angeles. It is unclear to me what machinations went on behind the scenes to result in the sentencing. Having worked in the Court system for a number of years throughout my career, I know that the Presiding Superior Court Judge, James Downs, does not carry the reputation of giving out light sentences. The opposite is actually the case.

In the aftermath of the verdict, I’m left with some ongoing questions that, of course, will probably never be answered:

• Accepting that Diez was trained in the use of firearms, as evidenced by his military service, and even IF Simons approached him, reached into his vehicle and grabbed his shirt, where the heck did Diez think his bullet was going to end up on that day? Tunnel Road is a very busy highway with many businesses surrounding it and a stray bullet could easily have hit an uninvolved citizen causing injury or death.
• What are the odds that an unarmed cyclist would knowingly reach into a vehicle grab a man’s shirt all the while staring at a loaded gun pointed at him or her?
• Why was Diez, a firefighter on this occasion and not a policeman, exercising police powers of stopping a citizen?  He had no authority based in law to be pulling over anyone for riding a bicycle or probably for much of anything else.  Don’t even deal with the fact that Diez allegedly admitted on the stand that he knew Simons was not breaking the law when he accosted him.
• Is there any possibility that any good can come of this sordid event? Similar to the Mandeville Canyon case, one would hope that the opportunity to develop some public education around the need to share the road and tolerance for others ON BOTH SIDES of the debate would come of this. The cynic in me doubts it will happen though because, in so many areas of our lives, we rarely seem to demonstrate tolerance toward others who are “marching to a different drum.” On the other hand, I am an optimist and see the good work of others sharing and helping every day so hope does spring eternal that maybe one day we’ll get it together.

Ah well, stay tuned! I’m certain there will be more!

Until later,

- Zeke

FORMER FIREMAN GUILTY OF ASSAULT ON CYCLIST

WLOS news in Asheville, NC is reporting that former Asheville Fireman Charles Diaz has plead guilty to assaulting a cyclist in the summer of 2009. The assault occurred when Diaz pulled over an Asheville cyclist and his family “out of concern” for the safety of the couple’s child, whom they were carrying in an approved seat on their bike.  The confrontation escalated to the point where Diaz fired his gun at the cyclist. The bullet pierced the helmet of the victim.

For further information, CLICK HERE!

The Asheville Citizen report on November 20th may be found HERE!

Until later,

- Zeke