Suspects arrested in Bronx subway assault attacked a cop: affidavit

UPDATED 10:01 P.M.: The two teens arrested Tuesday for allegedly assaulting a subway rider in the Bronx attacked an off-duty police officer, according to an affidavit filed on Monday.

In the affidavit, police officer Paul McCarthy of the 46th Precinct says he was riding the D train at the Grand Concourse Station Saturday at 2:35 p.m. when he saw Jay Nelson and Malik Cruz "yelling obscenities at passengers and playing loud music from a portable speaker." He approached them saying, "Calm down. I'm a police officer," at which point Nelson struck him in the face and Cruz spit on him and brandished a screwdriver, according to the affidavit.

After police released the suspects' photos, 17-year-old Nelson and 16-year-old Cruz of Claremont were arrested. The duo was charged with assault, while Cruz was hit with a menacing charge. One of the teens was wearing a clown wig at the time of the assault, though an NYPD spokesman said it was unclear which teen it was.

(with Meredith Deliso)