Bronx judge FREES two men who were seen brutally beating an NYPD cop at subway station after he asked them to stop smoking cigarettes

A New York judge has arrested two felons for assaulting an NYPD officer in a subway station, free and without bail.

Kareem McClary, 23, and Izayiah Jessamy, 20, smoked cigarettes on the platform of the Freeman Street subway station Monday afternoon with a third, unidentified man.

When two police officers asked the men to stop smoking, they refused and attacked the officer, authorities said.

During their hearing in Bronx Criminal Court, prosecutors requested bail of $10,000 or $30,000, which Judge Eugene Bowen rejected.

Judge Bowen released both men without bail on Nov. 14, according to court records.

Both McClary and Jessamy have no criminal records.

Two men were caught on video assaulting a New York police officer on the platform of a subway station in the Bronx, as crimes continue to plague the Big Apple’s subway system

Two police officers asked the men to stop smoking - which is prohibited in metro stations - and leave.  The men refused and began fighting with police, some of which was captured on video, before officers were able to arrest two of them.

Two police officers asked the men to stop smoking – which is prohibited in metro stations – and leave. The men refused and began fighting with police, some of which was captured on video, before officers were able to arrest two of them.

Patrick Hendry, the chairman of the Police Benevolent Association union, criticized the decision, saying: ‘This shows what an absolutely upside-down world we live in.

“We need New Yorkers to speak out and demand real consequences for those who attack police.

“Our streets and subways won’t be safe if the police who protect them aren’t safe.”

McClary and Jessamy were charged with assault on a police officer, resisting arrest, violation of local law and trespassing.

Authorities have also released photos of the third perpetrator but have not yet identified him. Police are still looking for the third suspect.

Video of the incident shows two of the men – McClary and Jessamy – hitting one of the officers in the head before help arrived.

Several officers eventually handcuffed the two men before the third suspect ran down the stairs and got away.

The police officers suffered minor injuries and were treated at the scene, according to police.

New York’s bail reform, passed in 2019, is eliminating cash bonds in most cases — a progressive policy that has resulted in many criminals being released back onto the streets within hours of being captured.

The reform also requires judges to consider a person’s ability to pay before setting bail.

Judge Eugene Bowen released Kareem McClary, 23, and Izayiah Jessamy, 20, after they beat up NYPD officers without bail

Judge Eugene Bowen released Kareem McClary, 23, and Izayiah Jessamy, 20, after they beat up NYPD officers without bail

Authorities have also released photos of the third perpetrator but have not yet identified him.  Police are still looking for the third suspect

Authorities have also released photos of the third perpetrator but have not yet identified him. Police are still looking for the third suspect

The policy was intended to reduce the risk that someone would end up in prison because he or she could not afford release, and to reduce the unnecessary use of incarceration.

But the well-intentioned law has come under fire from Mayor Eric Adams since it came into effect in 2020.

Adams, a former police officer, said in an interview: “This catch-repeat-release system is just destroying the foundations of our country. And that’s why we’re losing this election.

“Six out of 10 New Yorkers in the Hispanic and Asian communities voted for Democrats, compared to seven to eight out of 10 last time. We’re losing the black and brown base that really believes in those fundamental things. Public safety, housing, education.

‘We can’t talk our way out of this. We have to be realistic about what people encounter on the street.

“We need to get back to Albany…too many people in Albany have dug in and said, ‘If we change this small number of offenders and go after them, we are giving up on a reform that I advocated for.’

“It’s a big mistake not to recalibrate because there are too many people… who are repeat offenders. They have decided that they will be violent in our streets, and the unpredictability of their behavior is real…’

Although overall crime in New York City is down slightly this year (less than one percent) compared to 2022, crimes remain a problem, up six percent

Although overall crime in New York City is down slightly this year (less than one percent) compared to 2022, crimes remain a problem, up six percent

Although overall crime in New York City is down slightly this year (less than one percent) compared to 2022, crimes remain a problem, up six percent.

In the shocking more than 24,000 incidents, police officers were targeted, according to John D. Macari Jr, who posted the video of the attack on X.

“Another NYPD officer attacked in the Bronx transit. Supposedly this happened yesterday,” he wrote.

“As (NYPD Transit) Chief Kemper has repeatedly stated, the increase in crimes is largely related to law enforcement taking enforcement action. Does that make you feel safe in New York?’

In addition to crimes, crime on the city’s public transportation system has remained a problem highlighted by many critics of Mayor Adams and progressive prosecutors in the city.

Subway crime has been labeled one of the city’s biggest crises. Although statistics show a slight decline in traffic violations, even progressive Manhattan District Attorney Alvin Bragg said he was afraid for his family as they rode the subway last month.

“I know the statistics that transit crime has gone down, but when one of my family members gets on the train, I get a knot in my stomach too,” he said. FOX5 News when asked about the perception that the subway system is becoming increasingly unsafe.

“I live here, I raise my family here, so we have a lot more work to do,” he added.

Major crime in the subway system fell 9.9% in July, according to city statistics.