er in the back seat of the Hyundai jumped behind the wheel and started to pull away - when the off-duty cop allegedly fired two shots, striking the 30-year-old victim in the head as he sat in the passenger's seat.

Veiga said two of the men  may have actually been involved in the theft of this car.

 Unfortunately, the person who was shot in the head, was absolutely not involved in the theft of the defendant's car,  he said.  He's the one who's lying on a ventilator right now. 

He asked that Baez be held on $250,000 cash bail or a $750,000 bond.

The cop was indicted on charges of attempted murder, assault, kidnapping, unlawful imprisonment, computer trespass and official misconduct, pleading not guilty.

3 Bronx prosecutors said two of the men stopped by NYPD cop Jonathan Baez may have been the car thiefs he sought. Robert Mecea for New York Post

His lawyer, Mark Bederow, said his client has been with the NYPD since 2014, and does not have a record of disciplinary action - and is aware of how serious the charges are.

He said Baez is currently suspended with pay.

In court, Bederow asked Bronx Supreme Court Justice Laurence Busching to release the cop without bail or reasonable bail while he fights the charges, and said he is not a risk to flee.

 When this incident occurred in March, it was all over the media, in the New York Post, on television. Officer Baez was named as the person involved, and here is today,  the lawyer said.

Busching set the amount a $100,000 in cash or a $250,000 bond.

 Police officers are sworn to serve and protect the public, and even when they are off duty, they are expected to conduct themselves with integrity,  Bronx DA Darcel Clark said in a statement.