In an indictment unsealed yesterday, Bronx cop Marc Rios, a 12-year-veteran, is accused of assaulting a man outside a Kingsbridge nightclub around 4:20 a.m. on March 30th. Assistant DA James Cudden says the "unprovoked incident" happened after Rios's squad car almost hit clubgoer John Roperto, who had just exited the El Aguila nightclub. Roperto angrily hit the hood of the car, and Rios got out and cracked Roperto in the face with his nightstick—breaking the man's cheekbone and the baton. Rios then drove off, but when his Sergeant informed him about a 911 call to the location, he allegedly quipped, "That must be my bag of shit." Rios faces up to 15 years in prison if convicted; his lawyer tells the Post he acted in self-defense because Roperto, who was "quite likely... highly intoxicated," disobeyed an order to stop and approached Rios with his hands hidden beneath a jacket. Rios's lawyer also points out that Roperto got off easy, because "perhaps an inexperienced officer might've pulled out his gun and shot him."