It Seems He Overreacted

One mystery is why cops decided that 8th grader, Javier Payne, needed to be hassled in the first place.  When news first broke, the claims were the usual ones made to justify the damage when there was nothing else to claim:

A spokesman for the police department said two teenagers were arrested, ages 13 and 14, at approximately 11 p.m. Officers charged both of the suspects with resisting arrest, obstructing governmental administration and assault.

But when a cop puts a kid through a plate glass window, you have to say something.

The 14-year-old boy sat on the stoop of the Hookah Shop in the Bronx, blood pouring from his chest and filling his lungs, and thought: This is what it’s like to die. Moments before 11 o’clock Saturday night, the boy, Javier Payne, had been smashed through the store’s plate glass window by a police officer who had stopped him after an altercation with a man on the street, witnesses said.

Just another kid with blood gushing from his chest. Nothing to see here.

When EMS paramedics arrived at the scene they found the color draining from Payne’s face, his clothes soaked in blood and his hands cuffed behind his back. A witness described the police officers on the scene as “nonchalant” about the emergency unfolding in front of them.

An argument ensued between the paramedics and police about removing the teenager’s handcuffs so they could treat his injuries. Initially, the police refused, but eventually relented, witnesses said.

Payne survived.  Now the question is whether the cop who likes to push kids around will do as well.   Because video. Via the Daily News:

An NYPD sergeant who allegedly slammed a handcuffed 14-year-old boy into a plate glass window of a Bronx hookah bar has been stripped of his badge and gun, the Daily News has learned.

Sgt. Eliezer Pabon of the 48th Precinct was placed on modified assignment early Friday after investigators from the Internal Affairs Bureau reviewed a video of the May 17 incident, law enforcement sources said.

The Bronx district attorney’s office has joined in the probe and is considering whether to file criminal charges against Pabon, the sources said.

“It seems the sergeant overreacted,” a source said.

Note how the question shifts from acted to reacted to overreacted?  The story has since emerged to explain Payne’s transgression:

Payne, who has no prior arrests, and a 13-year-old pal were arrested by cops for allegedly assaulting a 39-year-old man after they asked him for cigarette.

Both youths were handcuffed and Payne was mouthing off to the cops when Pabon arrived at the scene, sources said.

Notably missing is any information from the police or 39-year-old victim about what these two kids did.  If there was anything available to taint them, one would expect it at the top of the police press release. You don’t put a kid’s head through a plate glass window without simultaneously smearing him. It’s against the Patrol Guide.  And Payne, to prove just how bad he is, has no priors.  And you thought the Deputy Commissioner of Public Excuses job at 1 Police Plaza was easy?

What emerges from this story is that Payne mouthed off to Sgt. Pabon, who wasn’t in the mood to hear some punk give him crap.

The video shows Pabon shoving Javier Payne from behind, causing the boy to plunge forward and strike the window of the Hookah Spot on Arthur Ave. with his head, shattering the glass, the sources said.

Of course, the sergeant could have sternly admonished the youth to behave himself.  He could have laughed it off, knowing that the 14-year-old was cuffed and soon to take a rather unpleasant ride. He could have earned the stripes on his arm or shield on his chest by acting like a big boy cop and not feeling compelled to teach a cuffed kid a lesson. But Pabon couldn’t control himself.

But “overreact”?  No. Act is the initial question.

Assuming that Pabon had cause to arrest Payne in the first place, having cuffed him, the next step is to transport him to the precinct for processing.  He doesn’t get to shove the kid, even if the kid is mouthing off.  Had there not been a plate glass window and a gaping, bleeding hole in his chest, this would have gone unnoticed, unspoken. Maybe Payne would have complained, but no one would care.

The problem doesn’t become real because of the harm done Payne, exacerbated by the cops’ cavalier disregard of the fact that their post-screw up screw up nearly killed him. The problem is that Sgt. Pabon thought he could shove a 14-year-old around because of contempt of cop.  He’ll teach him who’s boss.

The Bronx district attorney’s office has joined in the probe and is considering whether to file criminal charges against Pabon, the sources said.

Would they spend time “considering” whether to file charges against Payne, had there not been a video showing Pabon shoving him through a plate glass window?  Not likely.




8 thoughts on “It Seems He Overreacted

  1. John Barleycorn

    Does this repetitive rabbit hole have anything to do with you? No. Not at all.

    Clean it up, you are not to old to ride.

    Your “anger” is justified, but not as sharp as it could be. Or has been.

    Take a week.

    Put your fingers to other diligent uses.

    Your editor needs some attention and summer is worthy to reflect upon before it is gone.

    Ok… No. Fuck off. Well, I see your point…doesn’t fly.

  2. Fred

    Mr. Barleycorn. I am not exactly sure what your comment meant, other than I suspect that you are attempting to denigrate this blogger for reporting on this story? If that is the case, then perhaps, for whatever reason, you feel that this is an unimportant or trivial story, and should not be reported on? Perhaps you are an internet troll, or a LEO, and you simply seek to incite incensed responses? I do not know the answer to any of these questions, as I can certainly not surmise your intent from your comment, although it did seem somewhat vaguely poetic.

    I can tell you for a fact that these types of police abuses upon civilians, and others far worse, are rampant, and they are occurring all over America with disgusting regularity. LEOs are now able to abuse and even murder civilians with impunity, and they are often rewarded with paid vacations. No wonder many Americans no longer hold LEOs in high regard.

    1. SHG Post author

      Barleycorn has an unfortunate tendency to offer his insights in a way that tends to be somewhat confusing, but he by no means thinks this an unimportant or trivial story. Rather, he tweaks me for lulz, testing my mettle. I don’t mind being tested.

    1. SHG Post author

      Very true. The cops never seem to grasp how the anger and hostility they engender comes back to them later. Instead of coerced respect, they get hatred.

  3. Thomas R. Griffith

    Sir, good afternoon.

    Regarding the punks in the posting. No matter what state the episode occurs in, the so-called spokesperson for the police and / or D.A’s. office, seems to always take the cop’s version to the excuse podium and runs with it, as if he / she actually believes they are reporting the gospel truth. At some point the public will have to address this lie-until-you-are-caught & take-a-vacate-while-we-play-plea-bargain-games tactics. As it is, we all go along with after the fact, out of court settlements that sometimes ignores the criminal acts, allowing zip code changes to make it go away. L.E. bribing crime victims with taxpayers funds is bidness as usual and wrong and is exactly what NY. taxpayers will be doing with these two delinquents very soon, resulting in their crime being ignored. Lose / Lose.

    Yes, there is a question brewing. In the pursuit of a plausible solution to enact this year – Since the G.Js. and I.As divisions have long histories of failing / refusing to do their duties, what can be done to force the states to actually punish public servants that knowingly & willingly – file false police incident reports and subsequently file false testimony from the witness stand? With multiple Supervisors signing off on P.I.Rs. prior to seeking charges and a rehearsal prior to taking the stand, it’s obvious that organized crime has tainted P.Ds. from coast to coast. If we continue to do nothing but learn and share, we are in big trouble. Thanks.

    *While I can’t understand one fifth of Mr. Barleycorn’s comments, the content encourages me to open a Thesaurus on a daily basis. At first I thought he was a robot with a sense of humor chip…

    1. SHG Post author

      Don’t give Barleycorn a swelled head. Then he’ll never write anything anyone can understand. (It’s not just you.)

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