THE BRONX (PIX11) -- A 14-year-old walked away from his May 2014 encounter with an NYPD sergeant with deep lacerations, after the sergeant pushed the teen headfirst into a plate glass window in the Bronx during a struggle.
Javier Payne was handcuffed when it happened -- and the altercation was caught on camera.
But the sergeant in question learned Thursday he will face no criminal charges after the Bronx District Attorney's office dropped the case.
The decision was laid out in a four-page report, built on the findings of a material science expert and statements from the shop owner who told police the hookah shop’s front window already had a bullet hole and a spider vein crack in the top left corner.
Investigators found the window was not made of tempered glass, which means it didn’t shatter into little pieces, but large, sharp shards of glass that tore into Payne’s chest and forehead.
In the days after the incident, Rev. Al Sharpton lambasted the sergeant’s actions, and derided both parties involved in the alleged rough arrest.
But the city’s material science expert’s conclusion is firm:
“It is my professional opinion, to a 99 percent degree of certainty, that the subject glass window most likely would not have broken from the extent of impact that the sergeant imposed on Mr. Payne.”
The vice president of the Sergeants Benevolent Association said he "applauds" the DA's decision.
“He didn’t rush to judgment," Robert Ganley said. "His office conducted a thorough investigation, and it showed there was no crime committed.”