Teen deals for $1M in grisly bust
A BRONX teenager who suffered a pierced heart and punctured lung when an NYPD sergeant threw him through a plate-glass window has settled a civil lawsuit for $1 million, the Daily News has learned.
Javier Payne was 14 and handcuffed when Sgt. Eliezer Pabon pushed him through the front window of a 24-hour convenience store on Arthur Ave. in Belmont four years ago.
Payne’s mother filed a civil lawsuit against the city, alleging excessive force by the cop and negligence by the store. The suit was settled Wednesday, with the city agreeing to pay $992,500, Pabon $2,500 and the building owner $5,000.
Payne, now 19, had a punctured lung and pieces of glass had to be removed from his heart.
“He said he is lucky to be alive and wants to move on with his life,” said Scott Rynecki, Payne’s lawyer.
The brutal encounter happened May 17, 2014, when Javier and a 13-year-old friend were arrested after they allegedly punched a 39-year-old man they had asked for a cigarette.
The teens were handcuffed, and Javier began talking trash to Pabon, sources told The News at the time.
Surveillance video captured Pabon shoving Javier from behind, sending him crashing through the window of the Hookah Spot on Arthur Ave., according to sources.
Former NYPD Commissioner Bill Bratton determined Pabon used excessive force. He was only docked five vacation days.
“We still strongly feel that this officer should have been criminally charged for his actions, which were clearly depicted on the video,” said Rynecki.
Former Bronx District Attorney Robert Johnson cited the already damaged window as the reason why a grand jury was not empaneled, Rynecki previously told The News.
“An expert concluded, with 99% certainty, that the glass would not have shattered, but for the fact that it was previously compromised,” said Nicholas Paolucci, a spokesman with the city’s Law Department. “A settlement was determined to be in the best interest of all parties.”