A Manhattan Supreme Court judge on Friday dismissed the remaining weapons charge against a CVS employee who was acquitted in July of manslaughter after he fatally stabbed a shoplifter in a Midtown store, effectively clearing his record, his attorney said.
Jurors at a July trial took about 20 minutes to acquit Scotty Enoe, 48, of manslaughter in the death of Charles Brito inside a CVS near Broadway and West 49th Street. Prosecutors had secured a misdemeanor conviction for criminal possession of a weapon in the fourth degree for brass knuckles found in Enoe’s pocket, but agreed to drop that charge — which defense lawyers said could have jeopardized his immigration status.
Judge Curtis Farber signed the dismissal after the Manhattan district attorney's office moved to withdraw the remaining count. "There is no reason to believe that Mr. Enoe is a danger to society," Farber said from the bench, before wishing Enoe luck, according to court accounts.
Enoe, a lawful permanent resident born in Grenada, had testified that he stabbed Brito in self-defense after the man repeatedly punched him and threatened co-workers. His lawyer, Frank Rothman, said prosecutors originally charged the brass-knuckles count even though the weapon was not used in the fatal struggle. Rothman said the dismissed count had exposed Enoe to potential immigration consequences: had the misdemeanor conviction stood, it could have led to revocation of his green card and deportation.
Prosecutors contend they weighed the evidence and elected to drop the final charge. The Manhattan district attorney's office did not immediately provide a comment.
Enoe and his lawyers had publicly criticized Manhattan District Attorney Alvin Bragg for bringing the initial charges. After the July acquittal, Rothman and Enoe said they believed the prosecution was unwarranted. "It took them long enough, but I’m relieved that they finally did the right thing," Rothman said after Friday’s dismissal.
Enoe spent a week on Rikers Island after his arrest and was released on $100,000 bail, with conditions that included an ankle-monitoring device and a nightly curfew. His employers at beverage distributor Big Geyser helped post bail, and Enoe said he planned to return to work stocking shelves six days a week.
The case drew attention not only for the circumstances of the deadly encounter but also for broader debates over criminal prosecutions of people who say they acted in self-defense and over prosecutorial discretion in high-profile New York cases. Enoe faced a potential prison sentence of up to 25 years if convicted of manslaughter, according to his lawyer, and his speedy acquittal at trial underscored jurors’ conclusions about his conduct during the incident.
Enoe, who said he had no prior arrests before the July 2023 episode that led to the dispute, told reporters Friday that he was relieved and looking forward to resuming his life. "I’m officially a free man right now," he said outside the courthouse. "I’m just trying to live my life. I’m not looking for trouble."
With the final charge dismissed, court records will not carry the misdemeanor weapon conviction. The dismissal closes the criminal case in state court, though family members of the deceased could pursue other legal avenues. The Manhattan district attorney's office had previously declined to comment in detail during the trial; it has generally defended its prosecutorial decisions in other cases as part of broader criminal-justice priorities.
The case and its resolution are likely to continue drawing attention from advocates and critics of prosecutorial practices, given the involvement of a notable city prosecutor and the immigration stakes that had been raised by the earlier conviction. For Enoe, the immediate outcome allows him to return to work and to seek to move on from the episode, his attorney said.