A baby on the way, restaurant owner’s life cut short by punch in Glenwood South
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- A late-night punch in Glenwood South knocked David Millette backward and he hit his head.
- David Millette died six days later in the hospital.
- Tyrell Moore pleaded guilty to voluntary manslaughter and faces three to four years.
The secret wasn’t supposed to come out yet.
But over drinks after dinner, Katey Millette let it slip: Her brother was going to be a father.
The news turned an after-dinner drink among siblings and a friend into a celebration of David Millette Jr.’s pending fatherhood — and of the unborn boy who was already loved.
Minutes later, on a Glenwood South sidewalk, that future was taken from him. A punch sent David Millette to the ground, his head striking the concrete. A sickening crack cut through the noise of Glenwood South as crowds poured out from bars after last call, his sister Katey Millette told The News & Observer.
Six days later, David Millette, a 27-year-old managing partner of Midwood Smokehouse, died in the hospital on Sept. 1, 2023.
Man sentenced in case involving fatal punch in Glenwood South
Nearly three years later, on what would have been the week of Millette’s 30th birthday, his friends and family filled nearly half of the Raleigh courtroom on Monday and again on Thursday. His parents. His sister. His friends.
His 2-year-old son, who will only know his father through stories and pictures.
His friends and family came prepared to accept a punishment that many believe is grossly inadequate, while recognizing the limits of what the law allows, they said. They hope his case will raise awareness about the sentencing guidelines, and how someone can take a life but only end up serving a few years.
“It was absolutely shocking to learn,” said Katie Millette, pointing out the big gap between a second-degree murder sentence and voluntary manslaughter.
Wake County District Attorney Lorrin Freeman said that fatal one-punch cases often result in an involuntary manslaughter conviction. In this case, that could have resulted in defendant Tyrell Moore, who doesn’t have a previous criminal conviction, being sentenced to probation.
“We believed the evidence in this case supported the more serious charge of voluntary manslaughter, but we also had concerns that a jury might convict the defendant of involuntary manslaughter based on the evidence,” Freeman said.
Moore, 27, was initially charged with first-degree murder, but was indicted on second-degree murder in September 2023.
Earlier this year, Moore pleaded guilty to voluntary manslaughter under a plea deal in which he would serve between three and five years in prison.
On Monday, friends and family shared statements during a sentencing hearing that got cut short when Moore started vomiting. The sentencing was finalized in a short hearing Thursday afternoon.
After police identified and attempted to arrest Moore, he fled. Under the deal, charges of fleeing to avoid arrest and possession of marijuana were dismissed.
On Monday Moore’s aunt Shayla Morris told the judge that her nephew didn’t mean to kill Millette. She described Moore as kind, respectful, peaceful and gentle.
“I truly believe that this wasn’t an act of hatred or malice, but rather a tragic outcome from brief moment of poor judgment and emotion that led to consequences that no one expected,” Morris said.
Moore had two jobs when he punched Millette and will go on to be a contributing member of society when he gets out of his prison, said Seth Blum, his attorney.
Moore is very sorry, Blum said.
About David Millette Jr.
Those closest to David Millette say his life revolved around work and the people he loved.
“Davey was a kind, loving, honest, passionate man whose integrity was unmatched. Always quick with a joke or a comment to bring a smile to your face,” his mother Tracy Millette said Monday.
People still approach his parents with stories about Millette, who his parents called Davey, and his impact on their lives, Tracy Millette said.
David Millette spent more than a decade putting in long hours working his way up in the restaurant industry, his family said.
“He was one of the hardest-working people I’ve ever met in my life,” Katey told The N&O.
He bussed tables at Bad Daddy’s Burger Bar in Raleigh and worked his way up to management there, his sister said. Then he moved to Charlotte to work for Frank Scibelli and the FS Food Group.
In August 2023, David was a managing partner at the Glenwood South restaurant Midwood Smokehouse. He lived in an apartment above the restaurant.
“He loved hospitality. He loved to give people good service,” Katey Millette said.
David Millette worked a lot, his sister said, but she and the rest of the family took any chance they could get to spend time with him.
Family was also really important to him, his sister said. The night that he was hit, he had just told his sister that he and his girlfriend planned to name the baby Sunny, after their maternal grandfather.
“He was like so excited to tell me that he knew that it would mean so much to my Mom,” Katey Millette said.
The fatal punch of David Millette
Just before 2 a.m. on Aug. 26, 2023, after celebrating the impending arrival of Sunny, the three friends decided to call it a night and beat the crowd that would soon spill into Glenwood South when the bars closed.
As they walked toward David Millette’s apartment, Katey looped her arm through her brother’s. Along the way, they passed two young women appearing unsteady and drunk, sitting on a curb, leaning back on their hands, Katey said.
A man leaned over them talking. Two other men watched from a short distance away, Katey Millette would later learn.
As David Millette passed, he bumped his hip against the man leaning over the women, his sister said.
The man began yelling at the siblings, asking if they had a problem, Katey Millette said.
The siblings kept walking, but the men followed, shouting at them down the street, she said. When they caught up, they pushed David Millette and cornered the pair against a building. Katey Millette stepped in front of her brother, as the men tried to grab him, she said.
As David MIllette turned to his sister and told her to get behind him, Moore jumped over the group and punched David square in the face, shattering his nose and sinuses, according to statements in court. She looked into her brother’s eyes as they rolled back in his head as he lost consciousness, Katey Millette said. His legs gave way, he fell backward, and his head cracked against the concrete.
“He shattered his skull on the sidewalk,” Katey Millette said. “The police ran over and said that they heard his skull hit the ground.”
Moore and his friends started screaming, “that’s what you get” before running away as an officer took his sister’s statement, she said. Moore later bragged about the punch on social media, according to statements in court.
At the hospital, the family learned David Millette had multiple fractures in his skull and that his brain was bleeding and swelling. Doctors sedated him, hoping to give his brain a chance to heal, but his condition only worsened.
After doctors revived him once, the family consulted with his medical team and made the heartbreaking decision to implement a do-not-resuscitate order as his swelling brain pushed against his skull and fluid filled his lungs, his sister said. Then they began saying goodbye.
David Millette died in hospital bed as his family surrounded him saying a final prayer, Katey said.
On Monday, Millette’s girlfriend Jessica Oriente held Millette’s son during the hearing, occasionally running out of the courtroom when he cried out. Oriente said she would never forgive Moore for taking the father of her son, Sunny David Millette Oriente.
“Knowing he will never get to spend time with his dad breaks my heart every day,” she said.
This story was originally published June 4, 2026 at 3:12 PM.
