The NYPD officer accused of throwing a handcuffed Bronx teen through a plate glass window will not face criminal charges.

The family of Javier Payne, 14, says Officer Eliezer Pabone intentionally threw the boy into the window of a hookah bar. As News 12 has reported, the incident happened while Payne and a friend were being arrested back on May 17 for allegedly assaulting a man on Arthur Avenue.

The Payne family attorney, Scott Rynecki, says the district attorney decided not to present the case to a grand jury because it was discovered that the window had been compromised by apparent bullet holes.

Rynecki says the family is very upset but plans to move forward with a civil suit against Officer Pabone. They will be seeking damages for excessive force, violating civil rights and negligence. He adds that Payne still has visible injuries from the altercation.

Pabone remains on modified duty.