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by on May 11, 2018
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Javier Payne in 2014, after being shoved through store window by cop.

A Bronx teenager who suffered a pierced heart and punctured lung when an NYPD sergeant threw him through a plate-glass window has settled a civil lawsuit for $1 million, the Daily News has learned.

Javier Payne was 14 and handcuffed when Sgt. Eliezer Pabon pushed him through the front window of a 24-hour convenience store on Arthur Ave. Belmont in 2014.

Payne's mother filed a civil lawsuit against the city, alleging excessive force by the cop and negligence by the store. 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.

Payne, now 19, had a punctured lung and pieces of glass had to be removed from his heart.

"He said he is lucky to be alive and wants to move on with his life," said Scott Rynecki, Payne's attorney.

Javier Payne shows the scars he suffered during the arrest. He's pictured in his lawyer's office in 2016.

The brutal encounter began May 17 when Javier and a 13-year-old friend were arrested after they allegedly punched a 39-year-old man they had asked for a cigarette.

The teens were handcuffed, and Javier began talking trash to Pabon, sources told The News at the time.

Surveillance video captured Pabon shoving Javier from behind, causing him to crash through the window of the Hookah Spot on Arthur Ave., according to sources.

Former NYPD Commissioner Bill Bratton determined Pabon used excessive force. He was only docked five vacation days.

Javier Payne was pushed with a window of this Hookah Spot in the Bronx. 

"We still strongly feel that this officer should have been criminally charged for his actions, which were clearly depicted on the video," said Rynecki.

Former Bronx District Attorney Robert Johnson cited the already damaged window as the reason why a grand jury was not empaneled, Rynecki previously told The News.

"An expert concluded, with 99% certainty, that the glass would not have shattered, but for the fact that it was previously compromised," said Nicholas Paolucci, a spokesman with the city's Law Department. "A settlement was determined to be in the best interest of all parties."

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EXCLUSIVE: Bronx cop docked five vacation days for 'nearly killing' handcuffed teen by shoving him into window

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