The Department of Justice has announced that an arrest has been made in connection with the shooting death of 4-year-old Earl Whitley.

According to an affidavit from the San Antonio Police Department, Charles Lee Bethany, 36, has been arrested for possessing with intent to distribute 28 grams or more of cocaine.

The story detailed in the affidavit is that Bethany may have been the intended target of a drive-by shooting that happened around 4 p.m. on July 19. Another shooting occurred on the night of July 19 that killed Whitley.

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The affidavit states that surveillance video shows several people with firearms leaving a house on the 600 block of J Street, from which police would later seize 56 grams of cocaine and 56 grams of crack cocaine.

The Dept. of Justice says that a joint investigation by the FBI and SAPD led them to believe that Bethany was in control of the house on J Street.

"This investigation continues along with our on-going work to stop violent crime, using whatever tools are legally available to us under federal and state laws," U.S. Attorney Richard L. Durbin Jr. said in a statement. "We ask that anyone having information about this case or other acts of violence contact the SAPD or the FBI."

Bethany is in federal custody and has a detention hearing scheduled for August 1 at 9 a.m. He faces between five and 40 years in federal prison if he's convicted on the drug charge.