A CVS worker accused of stabbing a serial shoplifter during a fight inside a Midtown store no longer faces murder charges over the slaying, it was revealed in court Monday.
Scotty Enoe, 46, was indicted on the lesser rap of manslaughter in the July 6 death of 50-year-old homeless man Charles Brito at a CVS on Broadway and West 49th Street.
Enoe – who pleaded not guilty at his Manhattan Supreme Court arraignment Monday – told cops that he only acted in self-defense after he was pummeled by Brito without provocation, according to new court documents.
“Obviously, we’re pleased about that,” his defense attorney, Adam Freedman, told The Post after the hearing – adding the murder charge being dropped had come as a surprise.
“I hope it was done in recognition that Scottie is a hard-working man without a day of trouble in his life,” Freedman said.
Police and prosecutors initially charged Enoe with murder, manslaughter and two counts of weapons possession.
The store worker – who was taken to the hospital with contusions to the face at the time of his arrest – had pointed out his injuries to responding cops, allegedly telling them, “Look what he did to my face because I told him he can’t steal the stuff.”
“As soon as he came into the store he punched me,” Enoe added, according to court papers obtained Monday. “So I defended myself. It’s not over CVS products. I was defending myself.”
Brito, who had more than a dozen prior arrests, had been trying to swipe Gatorade and a container of creamer from the convenience store just before 12:30 a.m. that day when he and Enoe, who had been stocking shelves, got into a fight, police sources have said.
The store employee allegedly stabbed Brito eight times, piercing the man’s heart and liver, according to a criminal complaint.
Enoe – who suffers from sickle cell anemia – had several run-ins with Brito prior to the fatal encounter, according to his attorney and statements the worker allegedly made to cops.
“Every time he came into the store he was threatening me,” Enoe told police, adding that Brito had “attacked” him five times previously, according to the filing.
Freedman has said that Brito had threatened to “kill” Enoe multiple times before.
Cops allegedly found a box cutter, a blood-soaked folding knife and brass knuckles on him.
His lawyer said that Enoe may have been carrying a knife on him to open boxes at work.
Enoe has been out on electronic monitoring after he made $100,000 bail on July 13.
His next court date is February 13.