United States v. DANTE PETTEWAY, Southern District of New York (Nov. 15, 2023) — Complaint

AUSA: Georgia V. Kostopoulos 
UNITED STATES OF AMERICA 
SEALED COMPLAINT 
V. 
DANTE PETTEWAY, 
Defendant. 
Violations of 18 U.S.C. §§ 922(g)(l) 
and2 
COUNTY OF OFFENSE: 
BRONX 
SOUTHERN DISTRICT OF NEW YORK, ss.: 
6973 
SARAH VAN FOSSEN, being duly sworn, deposes and says that she is a Special Agent 
with the Federal Bureau oflnvestigation ("FBI") and charges as follows: 
COUNT ONE 
(Felon in Possession of Ammunition) 
1.On or about June 21, 2023, in the Southern District of New York and elsewhere,
DANTE PETTEWAY, the defendant, knowing he had previously been convicted in a court of a 
crime punishable by imprisonment for a term exceeding one year, knowingly possessed 
ammunition, to wit, five .40 caliber shell casings, and the ammunition was in and affecting 
commerce. 
(Title 18, United States Code, Sections 922(g)(l) and 2.) 
The bases for my knowledge and for the foregoing charges are, in part, as follows: 
2.
I am a Special Agent with the Federal Bureau of Investigation. I have been involved
in the investigation of this matter, and I  base this affidavit on that experience, as well as on my 
review of security camera footage, my conversations with other law enforcement agents, and my 
examination of various reports and records. Because this affidavit is being submitted for the 
limited purpose of demonstrating probable cause, it does not include all the facts that I have learned 
during the course of my investigation. 
Where the contents of documents and the actions, 
statements, and conversations of others are reported herein, they are reported in substance and in 
part, except where otherwise indicated. 
THE JUNE 21, 2023 SHOOTING 
3.Based on my participation in the investigation, my conversations  with law
enforcement officers and others, and my review of surveillance footage, I  have learned, in 
substance and in part, the following: 
a.On or about June 21, 2023 at 8:20 p.m., surveillance video footage obtained from
482 East 167th Street (the "Apartment Building") shows an individual, who has subsequently 
been identified as DANTE PETTEWAY, the defendant, leaving the Apartment Building. 

PETTEWAY was wearing a dark hooded sweatshirt with a checkerboard pattern on the back, 
and dark sweatpants with a white stripe. Still images 
of PETTEWAY from the Apartment 
Building's surveillance video are provided below. 
b. At 8 :21 p.m., PETTEWAY and another individual walked down the sidewalk of 
East 167th Street. PETTEWAY then drew a firearm and shot multiple rounds. Still images from 
the surveillance video depicting PETTEWAY drawing, and then discharging, the firearm are 
provided below. 
2 

c. At 8 :21 p.m., surveillance video then shows PETTEWAY running back into the 
Apartment Building while holding a firearm in his right hand. 
d. At approximately 8 :29 p.m., an individual ("Witness-I") called 911 and reported 
that the individual had heard shots fired at the intersection 
of 167th Street and Third A venue. 
The following day, on or about June 
22, 2023, New York City Police Department ("NYPD") 
officers responded to Witness-I ' s report. Upon canvassing the scene, the responding officers 
found five .40 caliber Smith & Wesson shell casings in approximately the same location where 
the shooting took place, in front 
of 488 East 167th Street in the Bronx. The five recovered shell 
casings are depicted below. 
3 

e. In approximately the same location where the shooting took place, NYPD officers 
also located a vehicle that had been damaged by several bullet holes. 
IDENTIFICATION OF DANTE PETTEWAY AS THE SHOOTER 
4. Based on my review ofNYPD reports and records, and my discussions with other 
law enforcement personnel, I have learned the following: 
a. After the June 21, 2023 shooting, NYPD detectives began investigating DANTE 
PETTEWAY, the defendant, 
as the shooter. Based on my review of law enforcement 
photographs 
of PETTEWAY, as well as surveillance footage of the shooting, I believe 
PETTEWAY has the same physical characteristics 
as the shooter. Below is a law enforcement 
photograph 
of PETTEWAY. 
4 

b. NYPD detectives also conducted an identification procedure with an individual 
whose identity 
is known to the Government, and who is familiar with PETTEWAY ("Individual-
1 "
). After reviewing still images from the June 21, 2023 shooting, Individual-I identified the 
shooter 
as PETTEWAY. 
MANUFACTURE OF AMMUNITION AND FELON STATUS 
5. Based on my discussions with a  Special Agent from the Bureau of Alcohol, 
Tobacco,  Firearms and Explosives who 
is familiar with the manufacturing of firearms and 
ammunition, and who reviewed the shell casing evidence collected by the NYPD, I know that the 
shell casings recovered from the location 
of the shooting were not manufactured in New York 
State. 
6. Based on my review 
of law enforcement and court databases, I  know that on or 
about September 4,  2014, DANTE PETTEWAY,  the defendant, was convicted in the Supreme 
Court 
of the State of New York of two counts of Robbery in the Second Degree, in violation of 
New York Penal Law Section 160.10(1), which is a Class C felony that carries of maximum term 
of imprisonment of 15 years. On or about September 4, 2014, PETTEWAY was sentenced to a 
term 
of imprisonment of five years in connection with this conviction. 
5 

WHEREFORE, I  respectfully  request that a  warrant be issued for the arrest of DANTE 
PETTEWAY, the defendant, and that 
he be arrested, and imprisoned or bailed, as the case may be. 
United States Magistrate Judge 
Southern District 
of New York 
~tt1Mci(~ 
SRAHVANFOS 
Special Agent 
Federal Bureau 
of Investigation 
6