The Civilian Complaint Review Board determined that excessive force had been used by an NYPD cop who allegedly shoved a handcuffed teenager through a window. The kid, Javier Payne, suffered from severe wounds and underwent intensive surgery after the incident.
On May 17, 2014, Javier Payne, 14, was detained by Sergeant Eliezer Pabon and his partner, Officer Joffre Cortez, after they were told Payne and his friend assaulted an older man. The officers found the boys in front of The Hookah Spot on Arthur Avenue. Payne claimed he never resisted arrest. According to the Sergeant Pabon, he saw Payne wriggling his body and suspected the boy was trying to break free. Pabon then pushed Payne into the glass window, which shattered.
The boy was hospitalized at Jacobi Hospital in intensive care for four days. Payne received surgery for a deep chest wound after blood was drained from his chest cavity, according to the Bronx D.A.’s report.
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The complaint was filed as a misconduct rather than a criminal charge. Because of this, the most severe punishment the Review Board can suggest to the police commissioner is dismissal.
The Bronx District Attorney’s office stated that “it cannot be said that the sergeant’s conduct rose to the level of provable criminal behavior,” cited from their report.
A forensic report concluded that the window was previously damaged. The “glass window most likely would not have broken from the extent of impact,” according to Dr. George A. Pecoraro’s analysis.
The Civilian Complaint Review Board could not specify what evidence they used to base their conclusion. Yet, the lawyer, Scott Rynecki, who is filing a law-suit against the cop, told Metro that a video will be released depicting the incident.
Despite the lack of criminal charges, Scott Rynecki feels confident that the boy will win the lawsuit, currently being scheduled with the Supreme Court. He looks forward to questioning the cop. The boy’s alleged assault before the incident “doesn’t come into play,” according to Rynecki.
"What you have here is police who used abusive authority. There was no reason to use force after the child had been arrested, let alone throw him through a glass window," Rynecki told Metro.
Council Member Ritchie Torres of the Bronx spoke about the incident:
“A swift response by the NYPD will make clear that police brutality is always unacceptable. Failing to pursue further actions is counterproductive to efforts that attempt to improve the relationship between communities and the police.”