Source: Black News

Bronx, NY — Four years ago, Javier Payne nearly died from severe injuries after a police officer pushed him through a window in a brutalizing arrest. Now, Payne has been awarded a $1 million civil lawsuit settlement.

On May 17, 2014, Payne, then 14 years old, was arrested with his 13-year-old friend after allegedly punching a 39-year-old man whom they had asked for a cigarette.

Sgt. Eliezer Pabon was the one who made the arrest and handcuffed the two young men. While handcuffed, Payne allegedly talked trash to Pabon. In a surveillance video, the officer can be seen shoving Payne from behind, making him crash to the window of Hookah Spot, a 24-hour convenience store where they were in.

Now 19 years old, Payne has suffered from severe injuries and shattered glass had to be removed from his lungs and heart. “He said he is lucky to be alive and wants to move on with his life,” said Scott Rynecki, Payne’s attorney.

Payne’s mother filed a civil lawsuit against the city, claiming the cop used excessive force and the store, for its negligence. Last Wednesday, the suit was settled, with the city going to pay $992,500, the cop who threw Payne ordered to pay $2,500, and the building owner $5,000 because the glass was initially damaged.

Former NYPD Commissioner Bill Bratton determined Pabon really used excessive force. However, he was only docked five vacation days although the victim’s lawyer particularly asked for criminal charges.”We still strongly feel that this officer should have been criminally charged for his actions, which were clearly depicted on the video,” Rynecki said.

Moreover, the city’s law department spokesman Nicholas Paolucci said, “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.”