Prosecutors who downgraded the charges against a convicted sex offender after he allegedly punched a man in an unprovoked assault are now demanding they be upgraded.
Jesus Cortes, 52, was left with a fractured skull and a brain hemorrhage after the August 12 attack by Van Phu Bui, 55, in the Bronx.
Bui was initially released without bail by prosecutors, who reduced his charges to a misdemeanor after the horrific attack was caught on video.
They claimed that although the police released the surveillance footage, the evidence at the time only supported the misdemeanor charge.
However, he was then thrown in jail after New York Gov. Kathy Hochul urged prosecutors to increase the charges against him.
She claimed the assault and arrest were in violation of his life probation for a sex conviction.
Now the Bronx Attorney’s Office is asking a grand jury to escalate his charges to a felony of attempted murder.
Van Phu Bui, 55, was arrested on suspicion of attempted murder, but prosecutors later returned the misdemeanor charges. He’s now whining that he doesn’t have to go to jail because Jesus Cortes survived the attack
Jesus Cortes, 52, (left) suffered a fractured skull and a brain hemorrhage following the attack by Van Phu Bui, 55, (right) earlier this year
That would mean Bui would remain behind bars and any prison sentence, if convicted, could be extended.
Bui appeared in court yesterday, with prosecutors telling the judge they planned to ask a grand jury to increase the charges against him, according to the New York Post.
It’s not clear exactly what the charges would be or how many crimes Bui could face.
In a statement to DailyMail.com, a spokeswoman for the DA office said: “He is currently facing charges of assault.
“The case rests with the grand jury, which could indict him for a felony.”
Bui is declining to testify and a grand jury is understood to be considering the new increased charges against him.
Casey Trimbl of the Legal Aid Society is representing Bui and opposing the prosecution’s motion to change the victim’s protection order.
The prosecutor wants to ban him from speaking to Cortes’ family, who live in the same area.
Judge Srividya Pappachan left the protection order solely for Cortes, while his brother Juan wept in court upon hearing the decision.
Horrifying surveillance video shows the moment Bui put on a pair of gloves and struck with great force, hitting the victim in the back of the head.
He then immediately falls to the ground, appearing to be unconscious and banging his head on the concrete after the sudden attack.
The NYPD claims he slapped the victim in the face “without prior conversation or altercation” before “returning to the restaurant and later to parts unknown.”
Bui was convicted of attempted robbery in 1991 and is a registered sex offender – who was paroled after being convicted of raping a 17-year-old girl at gunpoint on December 24, 1994. He was released from prison in March 2019
He was allowed straight out of Bronx Criminal Court on supervised release without bail after appearing before a judge where he was charged with third-degree assault and second-degree molestation
Bui whined to the New York Post that he couldn’t remember anything about the attack and said he passed out.
He said, “He’s alive. He’s not dead. I thank God he survived. I didn’t want to hurt him that much. I only hit him once.
“I really don’t remember anything. I was so angry, I’ve never done anything like this. That was my first time.
“I’m not a violent person. I’m not like that. I wouldn’t do it again. I am sorry. I know I did something wrong. That’s why I turned myself in.
“The judge told me not to speak to him and to stay away from him, but if I could see him I would apologize and tell him I’m sorry. If he wants me to pay his medical bills, I don’t mind paying his medical bills.’
Bui was described as an “imminent threat to the community” at a parole hearing on Saturday after New York Gov. Kathy Hochul ordered him back to prison.
Speaking at his hearing, parole officer Nixa Rivera said, “Mr. Bui is a 55-year-old man with a persistent history of violent crime.
‘Mister. Bui is a registered level three sex offender, the highest level on the sex offender registry. Mr. Bui continues to pose an imminent threat to the community.’
Rivera added that Bui has lived in a shelter for six years and has no apparent family or community connections.
For two years he has been working exclusively at the cash register of a nail salon.
Just before the attack, Bui stands behind his victim before raining down a brutal punch in front of a group of other people outside the restaurant
Bui was described as an “imminent threat to the community” at a parole hearing on Saturday after New York Gov. Kathy Hochul ordered him back to prison
Cortes’ brother Juan Cortes told DailyMail.com that his brother is recovering and has been taken off a ventilator
Juan Cortes called Bui a “bad person” and said the felony charge should have been there from the start.
Court documents obtained by DailyMail.com show the lesser charges were because Bui “willfully (causes) bodily harm and with intent to harass, annoy or alarm another person”.
Bui was convicted of attempted robbery in 1991 and is a registered sex offender – who was paroled after being convicted of raping a 17-year-old girl at gunpoint on Christmas Eve 1994. He was released from prison in March 2019
In chilling footage released by the NYPD, Bui is seen walking out of the Bronx’s Fuego Tipico restaurant and putting on a pair of gloves.
Then you see how he hits the victim with great force on the back of the head. The victim was found unconscious and unresponsive on the ground after the unprovoked attack and was taken to the hospital.
In a conversation with Bui’s probation officer, documented by the court, he describes the incident: “I’m in trouble. I hit someone and he’s in the hospital.
“I don’t know if he’s dead. The police are looking for me. I was at the restaurant and I know the police are looking for me.”
