Ex-guard gets 18-40 years in Club Onyx shooting

Posted: September 22, 2013

A former security guard convicted in July of murdering a man during a scuffle outside the South Philadelphia strip club where he worked was sentenced Friday to 18 to 40 years in state prison.

Kyle Carter, 27, was off duty Feb. 23, 2012, when he inserted himself into an argument outside Club Onyx and shot 26-year-old Erik Thompson Brock in the neck. Brock died three days later at Thomas Jefferson University Hospital, two days after his girlfriend delivered their baby at a hospital a few miles away.

For Naimah Oliver, now raising their daughter without Brock, Friday's sentence was "not enough."

"Because my daughter will never know her dad. She'll never see her dad. I'll have to show her pictures," Oliver said.

Standing beside her in a busy hallway of the Criminal Justice Center, Brock's mother shook her head. Tanya Wiley broke down when Carter apologized for shooting her son - and then repeated that he had felt threatened and was forced to act.

"I was scared," Carter told Common Pleas Court Judge Glenn Bronson as he asked for mercy.

Prosecutor Caroline McGlynn said Carter had no reason to become involved when he saw Brock arguing with a guard over not having his identification. The fight was under control but Carter acted like a "big man" and pulled out a gun, McGlynn said.

"What are you going to do? Shoot me?" Brock challenged Carter, according to witnesses.

One of the two men began to count down from five. The defense and prosecution disagreed over who.

When the count ended, Carter pulled the trigger, according to McGlynn, who said those preliminaries to the shooting led her to seek a first-degree murder conviction. Instead, jurors found Carter guilty of third-degree murder, believing he acted with malice but without premeditation.

Carter, a father of four who volunteered as a youth sports coach, seemed at a loss to explain why he pulled the trigger, expressing remorse before saying the club was often an unsafe place.

"I overreacted," he said. "I could have, should have, done something different. But I didn't see it at that time."

Carter's attorney, Michael Coard, said he planned to appeal the verdict.

Contact Tricia L. Nadolny at 267-746-0207, tnadolny@phillynews.com, or follow on Twitter @TriciaNadolny.

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