On May 17, 2014, Javier Payne, who was 14 at the time, and a 13-year-old friend were arrested after they allegedly punched a 39-year-old man whom they had asked for a cigarette, according to The New York Daily News. Sgt. Eliezer Pabon made the arrest and handcuffed the teenagers. Surveillance video captured Pabon shoving Javier from behind, causing him to crash through a plate glass window of a 24-hour convenience store. Payne’s heart was pierced and his lung was punctured. He nearly died.
The 14-year-old was hospitalized and his mother filed a lawsuit against the city.
The New York Daily News reports, after four years, “The suit was settled Wednesday, with the city agreeing to pay $992,500, Pabon $2,500 and the building owner $5,000, because the glass was damaged.” The building owner had to pay because it was determined that the window was “previously compromised,” therefore, the store was considered negligent.
Former NYPD Commissioner Bill Bratton determined Pabon used excessive force. However, he was only docked five vacation days, even though Payne’s lawyer specifically asked for criminally charges.
Watch the video of Pabon pushing Payne into the window below:
Payne’s attorney, Scott Rynecki, told The New York Daily News, “He said he is lucky to be alive and wants to move on with his life.”
Thankfully, Payne did survive and we hope he completely healed from his injuries. Nonetheless, a cop who nearly killed a 14-year-old is still on the streets and, as we all know, if there hadn’t been surveillance footage, Payne would not have been believed.