Teen Receives $1 Million Settlement After Cop Threw Him Through a Window and Shattered His Lungs

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Javier Payne
Javier Payne in 2014 (photo via Handout)

After a brutalizing encounter with NYPD, the Bronx teenager was awarded a civil lawsuit for $1 million.

Javier Payne, who was 14 years old at the time of the incident, was pushed through a glass window of “The Hookah Spot” in New York in 2014 and suffered severe injuries.

The teen and his 13-year-old friend were hand-cuffed for allegedly striking a 39-year-old who wouldn’t give them a cigarette, the Daily News reported.

Both teenagers were arrested and sources told the news outlet Payne was bad-mouthing Sgt. Eliezer Pabon. Camera footage shows the officer pushing the teen from behind, leading Payne to plow into the window of the 24-hour convenience store.

The 19-year-old suffered from shattered glass that punctured both his heart and lungs.

Payne’s attorney Scott Rynecki told the news outlet, “He [Javier Payne] said he is lucky to be alive and wants to move on with his life.”

The victim’s mother filed a civil case against the city of New York and claimed Pabon used excessive force and negligence by the store. The courts reached an agreement on Wednesday to pay Payne $992,500, plus $2,500 from Pabon and another $5,000 from the Hookah Spot’s building owner due to the already damaged glass window.

The former NYPD Commissioner Bill Bratton said Pabon used excessive force and docked the officer only five days worth of vacation.

“We still strongly feel that this officer should have been criminally charged for his actions, which were clearly depicted on the video,” said Rynecki.

The city’s Law Department spokesman Nicholas Paolucci added, “An expert concluded, with 99% certainty, that the glass would not have shattered, but for the fact that it was previously compromised. A settlement was determined to be in the best interest of all parties.”

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