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 set two thugs arrested for assaulting an NYPD cop at a subway station free without bail. 

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

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

At their hearing in the Bronx Criminal Court, prosecutors requested bail set at $10,000 or $30,000 bond which Judge Eugene Bowen dismissed. 

According to court records, Judge Bowen released both men without bail on November 14. 

Both McClary and Jessamy do not have a criminal record. 

Patrick Hendry, the president of the Police Benevolent Association union criticized the decision, saying: ' This shows the absolutely upside down world we’re living in. 

'We need New Yorkers to start speaking up and demanding real consequences for those who assault cops.

'Our streets and subways won’t be safe if the cops protecting them aren’t safe.'

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

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

A video of the incident shows two of the men - McClary and Jessamy - battering one of the officers in the head before help arrived. 

Multiple officers eventually handcuff the two men, before the third suspect runs down a stairway and gets away.

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

New York's bail reform was implemented in 2019, and it does away with cash bonds in most instances - a progressive policy that has meant many criminals are released back onto the streets within hours of being picked up. 

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

The policy was intended to reduce the risk that someone would be jailed because they could not afford to pay for release and reduce the unnecessary use of incarceration.

But the well-intended law came under fire from Mayor Eric Adams since it was enacted in 2020.

Adams, a former cop, said in an interview: 'This catch, repeat, release system is just destroying the foundation of our country. And that's why we are losing this election. 

'Six out of 10 New Yorkers in the Hispanic and Asian community voted Democrat compared to seven to eight out of 10 last time. We are losing the base black and brown who really believe in those basic things. Public safety, housing, education.

'We cannot talk our way out of this. We have to be real what people are facing on the street.

'We must return to Albany... too many people in Albany, they have dug in and say, "If we change this small number of offenders and go after them, that we are relinquishing a reform that I advocated for."

'To not recalibrate is a big mistake because there are too many people... that are repeated offenders. They have made up their mind that they're going to be violent in our streets, and the unpredictableness of their behavior is really...' 

While overall crime is down slightly - under one percent - in New York City this year compared to 2022, felony assaults remain a problem, up six percent.

The shocking 24,000-plus incidents has seen police officers targeted, according to John D. Macari Jr, who posted the video of the assault to X.

'Another NYPD officer assaulted in Bronx transit. Supposedly this occurred yesterday,' he wrote. 

'As [NYPD Transit] Chief Kemper has repeatedly stated the rise in felony assaults are mainly against cops taking enforcement action. Does that make you feel safe in NYC?'

In addition to felony assaults, crime on the city's transit system has remained a problem highlighted by many critics of Mayor Adams and progressive district attorneys in the city. 

Subway crime has been labeled one of the city's major crises. Though statistics say transit offenses are down slightly, even progressive Manhattan District Attorney Alvin Bragg said he was afraid for his family when they rode the subway last month.

'I know the statistics that transit crime is down, but when one of my family members gets on the train, I, too, get a knot in my stomach,' he told FOX 5 News when asked about the perception that the subway system is becoming increasingly unsafe.

'I live here, I'm raising my family here, so we have a lot more work to do,' he added.

According to the city's statistics, major crime decreased 9.9% in the subway system in July.