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Smokers who attacked cop for asking them to put out cigs in NYC subway station indicted

Men accused of beating up an NYPD officer who asked them to put out their cigarettes in a Bronx subway station late last year have been indicted, prosecutors said Tuesday.

Izayiah Jessamy, 20, and Karrem McClary, 23, and a third man had just lit up in the Freeman St. station in Longwood on Nov. 13 when a uniformed officer approached them around 2:30 p.m., according to officials.

When officer John Hernandez, 35, asked the men to put out their smokes, the trio refused and said they were going to go through the emergency gate to avoid paying the subway fare, prosecutors said.

When Hernandez stopped them from walking through the gate, the men attacked, allegedly punching the cop repeatedly in the face and back of the head.

The officer suffered minor injuries in the scuffle and was treated at the scene, cops said. Police at the time said two officers were involved in the scuffle.

Cops later arrested McClary and Jessamy, but the third man got away. The duo were charged with assault and harassment.

“Our NYPD officers should not have to fear being assaulted for enforcing the rules for riding the city’s subways,” said Bronx District Attorney Darcel Clark. “This officer was only trying to help the quality of life of commuters who would rather not breathe in cigarette smoke while riding the train. He was viciously attacked for doing his job.”


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