Garner Man Who Shot a Pregnant Woman in the Head in Road Rage Incident Sentenced to 10 years in Federal Prison

RALEIGH, N.C. –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 to 120 months in 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.”

“I am proud that our ongoing partnership with the VCAP initiative continues to remove dangerous offenders from our community," said Raleigh Police Chief Estella Patterson. "This arrest should send a message to all violent offenders that the Raleigh Police Department is working closely with our federal partners to prosecute those who inflict harm on our community. As one of my priorities, making Raleigh the safest city in the country requires constant collaboration with the community and our federal, state, and local law enforcement partners. This arrest is yet another example of the impact of collaboration to end violence caused by firearms.” 

According to documents and other information 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. 

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-CR-00341-D.

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