The family of a man who died after an NYPD scuffle over an open beer can has filed a federal lawsuit alleging excessive deadly force and civil-rights violations.
Shelton Ennis, 54, died June 26 after probationary Officer Karl Yelenic tackled him during a confrontation near Riverside Drive and West 136th Street in Upper Manhattan, according to court documents and body-worn camera footage. The lawsuit, filed Sept. 22 by Ennis’s brother Aaron and attorney Michael Pecorella, names the city, Yelenic, and Officer Marc Leandre as defendants, citing alleged unlawful stop, negligence, and excessive force.
Medical records show Ennis lost his pulse in the ambulance and was pronounced dead at Mount Sinai Morningside Hospital. The medical examiner ruled the cause hemopericardium due to blunt impact to the chest and classified the death a homicide, though that designation does not by itself indicate criminal wrongdoing.
The state attorney general’s office, which probes all police-involved deaths, interviewed Yelenic and declined to pursue charges. “There is no evidence that the officer intended to cause injury, nor evidence of criminal recklessness or criminal negligence under the law,” the AG’s report stated. Yelenic, who had joined the NYPD less than a year before the incident, told investigators his intent was to apprehend and handcuff Ennis, not to tackle him to the ground.
Pecorella, speaking to The Post, framed the encounter as tragically avoidable. “[Ennis] lived in the area. He was enjoying a pleasant night,” the family’s lawyer said. “There’s no reason why it should have had to end this way.”
The body-camera footage shows Leandre and Yelenic approaching Ennis as he leaned against a stone wall near Riverside Park holding a black plastic bag. Ennis had apparently just discarded a beer can, prompting Leandre to ask why he threw it away. Ennis responded that it was empty, but Leandre repeated the question four more times, according to the video.
Leandre then requested identification. Ennis, who coworkers told the New York Daily News worked as a residents’ assistant at the Skyline Hotel in Hell’s Kitchen, said his ID was at his nearby apartment. “I’m not bothering nobody,” Ennis told the officers.
“I just came out the house for a little second to relax before I go to work tomorrow,” he added.
When asked his name, Ennis falsely gave “Cedrick Ennis,” the attorney general’s report noted. He repeatedly offered to show officers his identification if they accompanied him to his apartment. “We don’t do that. … The thing we do, we take people back to the precinct, and you can call someone. … Drinking in public is a violation,” Leandre responded in the footage.
Moments later, Ennis ran between the two officers. Yelenic pursued and tackled him from behind. After standing up, Yelenic’s camera showed Ennis lying unconscious face-down on the ground. Rather than rendering immediate aid, Leandre handcuffed Ennis behind his back, the lawsuit alleges. Officers then called an ambulance.
Ennis’s criminal history included an attempted murder charge and nearly 26 years served on drug convictions, the Daily News reported, though coworkers suggested he appeared to be turning his life around.
The NYPD’s Force Investigation Division continues to examine the case. The department has not disclosed whether either officer remains on active duty.
Pecorella expressed hope for a settlement. “We’re hoping that you know the city does the right thing for this family,” he said.
