COP’S ‘LIE’ BARED

False tale in ’09 shooting of Bx. teen

An NYPD cop lied for years about a 2009 Bronx shooting in which he straddled a teen and fired into his back at “point-blank” range, newly unearthed court documents say.

Officer Danny Acosta allegedly peddled a phony story for years, falsely claiming under oath that the teen held a gun to his partner’s head before he shot him from 10 feet away.

Acosta, 41, finally admitted the tale was bogus five years ago to a city Law Department attorney, incorrectly believing the confession would be privileged, according to court papers.

Despite now battling perjury charges, Acosta remains on the department’s payroll and may be allowed to retire with his pension.

The contested account of the shooting of 17-year-old Peter Colon has never before been publicly reported.

Nor has the $475,000 civil settlement paid to him or the 16-count criminal indictment brought against Acosta.

Acosta told The Post on Friday that he couldn’t remember parts of the shooting, only that he “was terrified.”

“They want to make me the bad guy now,” he said of the city.

Acosta and his partner, Laura Barbato, recounted the Oct. 9, 2009, shooting in 2015 depositions for a civil suit filed by Colon. According to their testimony, they were chasing Colon at the Gouverneur Morris Houses when he dropped a gun. Barbato picked it up but dropped it in a struggle with Colon, who retrieved it, the cops testified.

The teen wrapped his hand around Barbato’s throat and pressed a gun to her head, the cops testified. Acosta said he fired two rounds from about 10 feet away, striking Colon once in the lower back, court documents show.

Colon was hit with assault and weapons charges, but the case fell apart after Acosta refused to testify to a grand jury without immunity, court records show.

In 2016, an NYPD lab report surfaced in Colon’s civil suit, the records say. The report, obtained by The Post, says gunshot residue on Colon’s jacket indicate he was shot at close range.

The assertion triggered Acosta’s admission to the Law Department attorney, who was representing the city in Colon’s suit, court documents say.

Acosta’s lawyer sought to suppress the confession, but Bronx Supreme Court Judge Ralph Fabrizio denied the move in March 2019.

Acosta “revealed to his Law Department lawyer that he was actually straddling Mr. Colon’s back when he placed the muzzle of his weapon to Mr. Colon’s back and struck him at ‘point-blank’ range,” Fabrizio wrote.

Acosta told The Post on Friday that he now remembers kneeling on Colon’s

back. He said the teen pointed a gun at him while lying face down. “I don’t remember that s- -t,” he said. He suggested the resurfacing of the lab report was “just to f- -k me” and denied confessing to the attorney.

Acosta was indicted in October 2018 on charges of perjury, official misconduct, obstructing governmental administration and tampering with public records. It was unclear why Barbato, who retired last year, was not charged. She did not return calls.

Acosta said he was suspended without pay for 30 days but has gotten a full paycheck since. Acosta earned $97,965 in 2020, city records show.

He accepted a plea agreement with the NYPD on Feb. 9 allowing for early retirement, his lawyer confirmed. The NYPD refused to say whether Acosta would collect his pension.

Colon could not be reached for comment.