Raleigh man sentenced for fatal punch to Glenwood South restaurant co-owner
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- Tyrell Moore pleaded guilty in March to voluntary manslaughter.
- Judge Brian Wilks sentenced Tyrell Moore to three to five years in prison.
- David Millette Jr. was punched, hit his head on the sidewalk and died at the hospital.
A judge sentenced a Raleigh man Thursday for fatally punching a 27-year-old restaurant manager in an early morning confrontation in the Glenwood South entertainment district.
Wake County Superior Court Judge Brian Wilks sentenced Tyrell Moore, 26, to three to five years in prison under a plea deal that was decided long before the Thursday court hearing.
In March, Moore pleaded guilty to the voluntary manslaughter of David Millette Jr., a 27-year-old managing partner at Midwood Smokehouse in the Glenwood South district.
Moore’s sentencing hearing for the August 2023 fatal punch actually started on Monday morning, when Wilks heard statements from four members of Millette’s family and one relative of Moore’s.
But before Moore was officially sentenced Monday, he started gagging and throwing up. Attorney Seth Blum told the judge his client was diabetic, which might be causing the distress. EMS was called to the courthouse, and a medical official held up Moore when he returned to the courtroom to hear that the hearing would resume when he was healthy enough to continue.
On Thursday afternoon, Wilks officially sentenced Moore to three to five years, according to the plea deal he made with the Wake County District Attorney’s Office.
What happened to David Millette?
On August 26, 2023, Millette and his sister Katey had gone out for drinks on Glenwood Avenue and were walking home around 2 a.m., Assistant District Attorney Patrick Latour said in court Monday. The siblings “bumped” into a man with a group of people who were talking to some young women on the side of the street, Latour said.
“They began to have some words between them that became heated,” Latour said.
Moore was in the group but wasn’t the one who was bumped, Latour said. Katey Millette stepped in front of her brother trying to de-escalate the situation, Latour said.
At that point Moore came over the top of the group and punched David Millette in the face, Latour said. Millette fell down, hit his head on the sidewalk and died at the hospital. Police identified Moore, who had posted about the hit on Facebook, and arrested him on a charge of first-degree murder and fleeing to elude arrest after he ran from police. Moore was later indicted on a charge of second-degree murder.
Voluntary manslaughter is a Class D felony. Under North Carolina’s sentencing guidelines, which take into consideration that Moore had no previous convictions, he could have been sentenced to between 38 and 108 months. The deal allowed Moore to plead guilty to the lowest sentence possible for the felony and took into consideration factors such as his employment history and that he supports his family, according to statements in court.
When police tried to arrest Moore after the fight, he ran, Latour, and was charged with fleeing to elude arrest and possession of marijuana.
Under the deal, those charges were dismissed. February 2026 charges of failure to stop at a red light and misdemeanor possession of marijuana were also dismissed.
Wake County District Attorney Lorrin Freeman told The News & Observer on Thursday that it isn’t unusual for cases in which a single punch resulting in a death ends in an involuntary manslaughter conviction. An involuntary manslaughter conviction for someone who doesn’t have any prior convictions could result in a probationary sentence, she said, and the plea guaranteed that Moore would get some prison time.
“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.
What David Millette’s family members said at the hearing
David Millette’s family members say the sentence isn’t enough for a lost life
On Monday, Millette’s mother, father, and sister spoke, describing David as a vibrant and loving son, brother, uncle and friend who spent more than a decade working long hours in the restaurant industry to earn his position as a managing partner at Midwood Smokehouse. Millette left behind his parents, sister, many other friends and family, who filled half of the courtroom on Monday and Thursday. David Millette also left behind his now 2-year-old son Sunny David Millette Oriente, who was born seven months after his father’s death.
“I’m sure the defendant has prepared himself for everything that we say, but I pray that God tears that barrier down, because he needs to hear the damage that he’s done,” Katey Millette said.
Katey Millette and other members of David’s family said they struggled with the idea that Moore would spend so little time behind bars compared to their experience. After Millette, who his family called Davey, was hit, his family spent six days in the hospital praying for him to live as his brain swelled and his lungs filled with fluid. His death changed the close family’s dynamic.
Millette’s father, David Millette Sr., said he doesn’t understand how Moore, who bragged about the hit on Facebook, ended up getting so little time.
“Any rational person would consider it intentional murder for someone to swing as hard as he can and hit another person in the head while they’re not looking,” David Millette Sr. said.
David Millette Sr. said he’s thankful that Moore pleaded guilty, but the few years he will spend in prison are not nearly what we wanted or would consider “a just punishment.”
“I just hope it’s long enough for Moore to mature enough to acknowledge the cowardice he showed in hitting a good, hardworking, honest and respected man of the community,” David Millette Sr. said.
Tyrell Moore’s aunt: ‘Tragic outcome’
Moore doesn’t have a criminal record, 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 Blum, Moore’s attorney.
Moore is very sorry, Blum said.
On Monday Moore’s aunt Shayla Morris told the judge that her nephew didn’t mean to kill Millette. Morris 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.
This story was originally published June 4, 2026 at 2:55 PM.
