No Charges For NYPD Cop Who Smashed 14-Year-Old’s Head Through Window

Javier Payne, a 14-year-old boy who was sitting in front of the Hookah Shop in the Bronx, just moments before a New York City police officer smashed him through the store’s plate glass window. The assault happened after an altercation with a man on the street, according to witnesses.

Bronx District Attorney Robert Johnson said the State has decided against filing criminal charges against Sgt. Eliezer Pabon, who assaulted the handcuffed 14-year-old.

Payne had been placed under arrest even though he was bleeding critically. EMT paramedics finally arrived and found a boy near death and “nonchalant” officers, who did not seem concerned about the condition of the young boy, according to witnesses on the scene.

Payne’s clothes were soaked in blood and yet in spite of his critical conditions, officers had made sure to cuff him, with his hands cuffed behind his back.

“He looked like a young man who was facing down his own mortality,” one city employee said in assessing the situation. “This is a kid who was staring at his own doom. He looked like he was going to die. And if he didn’t get help when he did, he would have.”

While the boy was rushed to Jacobi Medical Center, paramedics had to hold the boys chest wound closed. As they wheeled him in to the hospital, Payne was screaming in desperation: “They threw me through a glass window and now I’m going to die, I’m going to die.”

To add insult to injury, officers did not indicate that there was a pediatric emergency, involving a child. So EMT paramedics say there was no indication that there was to be a rush to the scene. As a result, Payne could have bled out and died because of officer negligence.

An NYPD spokesperson said only that two teenagers were arrested, ages 13 and 14, and that officers charged both with resisting arrest, obstructing governmental administration and assault.

As for the cause of Payne’s critical injuries?

“It’s not listed in the report here,” the spokesperson said.

At the hospital, when Javier saw his mother, he began to cry and said, “Mommy, Mommy. The cop, he pushed my head through the window while I was handcuffed, Mommy, he pushed my head through the window.”

Jose Perez who lives in apartments next to the Hookah Shop, recalled the aftermath of the incident, saying “I came out and saw the glass and the blood — it was everywhere. Thank God he is going to make it. I didn’t know he was just a kid, a young guy like that. It’s a total shock to me. Why would they do that?”

Nageib Aldaylam the owner of the Hookah Shop in question said “The kids came in [to the store] normal, and they left normal. They did zero, nothing. All the action happened outside.”

When Payne and his friend left, NYPD officers “stopped and frisked” the pair. That’s when things got ugly. Within seconds, Payne was smashed through the window, and left with gaping wounds, almost bleeding to death before paramedics arrived.

Aldaylam rushed to the scene outside.

“What happened, happened,” the store owner said. “The truth is the truth. What more can I say?”

Prosecutors say that there was no case because the plate-glass window had been compromised by two BB holes and was not shatter-resistant, according to lawyer Scott Rynecki. That means the police argument is basically that the window should have been a hard surface for them to have smashed the youth into violently.

If you have had it with the NYPD’s unconstitutional and racist “Stop and Frisk” policy, and their sheer brutality, SPREAD THE WORD to raise awareness about this police abuse, which has – so far – gone completely unpunished.