RALEIGH – Tyler Mack Kirby, 27, of Garner who shot a pregnant woman in the head on New Bern Avenue in August of last year was sentenced today to 10 years in federal prison followed by three years of supervised release for possession of ammunition by a felon. Kirby pled guilty on May 11, 2023.
“This felon shot a pregnant woman in the back of the head in an act of senseless violence while she simply rode in a car,” said U.S. Attorney Michael Easley. “Make no mistake, this U.S. Attorney’s Office will take action against any felon who engages in gun violence in Raleigh or beyond. We are partnering with law enforcement to prioritize prosecutions against dangerous trigger-pullers who illegally use and carry guns.”
According to evidence presented in court, on August 25, 2022, Kirby was traveling in a vehicle on New Bern Avenue. Occupants of Kirby’s vehicle began arguing with occupants of a second vehicle over perceived driving errors. After the argument ensued, Kirby fired a single gunshot into the back of the second vehicle where a pregnant woman was a passenger. The bullet traveled through the headrest and struck the passenger in the head.
After firing the single shot, Kirby fled from law enforcement and destroyed evidence prior to being taken into custody by the Garner Police Department. The shooting victim survived the incident.
State charges related to the shooting, including Discharging a Weapon Into Occupied Property, Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury, Fleeing or Eluding Arrest with a Motor Vehicle, and Possession of a Firearm by a Felon, are still pending.
The conviction is a result of the ongoing Violent Crime Action Plan (VCAP) initiative which is a collaborative effort with local, state, and federal law enforcement agencies, working with the community, to identify and address the most significant drivers of violent crime. VCAP involves focused and strategic enforcement, and interagency coordination and intelligence-led policing.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Raleigh Police Department investigated the case and Assistant U.S. Attorney Ashley Foxx prosecuted the case.
10 years doesn’t seem long enough. Federal prisoners, if they obey the rules, can be paroled after 85% of time served. The subject could possibly be driving on the road again in 10 years.
What a pathetically short sentence.
This guy shot and could have killed a pregnant woman? What in the world is with the judge? Is he on drugs? How could he have only given 10 years. The facts: Felon with a gun, Shoots a pregnant woman (two lives) in the head. Tries to hide evidence. The judges are as bad as the criminals. One of the same, I guess. 10 years is not acceptable.