By Sasha Gonzales
CLAREMONT – A killer who fatally shot a Bronx man outside the Butler Houses was sentenced to 13 years in prison Friday as part of a plea deal with prosecutors, authorities said.
Kevin Pettiway, 29, a Staten Island resident who formerly lived in the Bronx, shot Jayquan Smalls, 24, in his head and chest after they argued in the 1300 block of Webster Avenue in October 2017, authorities said. Smalls was rushed to St. Barnabas Hospital, where he died.
At the time of the killing, Pettiway was immersed in a police misconduct controversy – the result of his having accused NYPD Lt. Eric Dym of punching him for no reason as he stood on Webster Avenue. The lieutenant’s union denied the allegations and said Pettiway’s long arrest history, which included busts for robbery and domestic violence, showed he was not credible.
Pettiway was initially charged with murder in Smalls’ death, and had faced 25 years to life in prison. He avoided the harsher sentence by pleading guilty to first-degree manslaughter on Feb. 22 in Bronx Supreme Court, records show.
“The defendant and the victim were involved in an altercation, and the defendant later came back with a gun and killed the victim,” said Bronx District Attorney Darcel Clark. “We will not tolerate using firearms to settle disputes.”
Pettiway will serve five years post-release supervision once his prison term is completed, prosecutors said.