A grand jury indicted Marc Rios, 39, on one count of first-degree attempted assault and one count of second-degree assault – both felony offenses – in connection with the March 30 incident in the Kingsbridge section of the Bronx.
Rios, a 10-year NYPD veteran, faces up to 15 years in prison if convicted of the most serious charge, first-degree attempted assault – a Class C felony offense.
The indictment alleges that Rios intentionally hit John Roperto in the face with his nightstick, fracturing the man's cheekbone and another bone near his nose. The alleged attack happened near West Kingsbridge Road and University Avenue shortly at about 4 a.m. on March 30 after Roperto and two of his friends left a nightclub.
Roperto had been crossing the street when he claimed the squad car almost hit him, reports The New York Post. He began yelling at the cops once their car stopped and that's when Rios got out of the vehicle and belted him across the face.
An investigation indicated Roperto did nothing to provoke Rios or his partner prior to the alleged assault, the district attorney's office said in a statement.
Rios and his partner high-tailed it out of the area after striking Roperto, charging him with nothing and failing to file a report about what had happened, officials said.
Authorities got unwind of the assault when Roperto called 911 for an ambulance and reported a cop had attacked him.
The 52nd precinct officer, accompanied by his lawyer, surrendered to the DA's office this morning and was later arraigned. His bail was set at a $25,000 bond.