DA defends sex offender’s misdemeanor assault charge for punching diner

DA defends sex offender’s misdemeanor assault charge for punching diner

A New York City sex offender who savagely assaulted a man is back in prison after Governor Kathy Hochul ordered his arrest and questioned the Bronx District Attorney’s office about filing misdemeanor charges against him while his victim was in a coma.

Bui Van Phu, 55, a registered sex offender on lifelong parole, was permitted to leave Bronx Criminal Court on supervised release without bail on Thursday afternoon after being charged on third-degree assault and second-degree harassment.

None of these charges are eligible for bail under New York’s present rules.In a conversation with Phu's parole officer, documented by the court, he recounts the incident: 'I'm in trouble. I hit someone and he's in the hospitalPhu was allowed to walk straight out of Bronx Criminal Court on supervised release without bail Thursday afternoon, after appearing before a judge where he was arraigned on third-degree assault, and second-degree harassment

Phu was initially detained on allegations of attempted murder, but the district attorney subsequently filed the misdemeanor charges. The District Attorney’s Office defended themselves by asserting that it is “still investigating” the terrible incident.

The incident a week ago left the victim, Jesus Cortes, with a broken skull and a brain bleed. He underwent brain surgery and is currently in a coma.

Hochul told the New York Post on Friday that state authorities called the Bronx DA to “discuss the actual charges that were filed” because “we want to ensure that our laws are being properly administered.”

However, I took matters into my own hands. I instructed the Department of Corrections and Community Supervision to investigate this parole violation promptly. Yes, it did. It was evident that it occurred,’ she stated.

“As of a few minutes ago, this parolee with a life sentence is currently in custody. That is directed by me. The Bronx DA’s office stated in a statement on Friday that it was gathering new evidence, reviewing video, interviewing witnesses, studying medical records, and offering crime victim services.Shortly before the attack Phu positions himself behind his victim, before raining down a vicious blow in front of a group of other people outside of the restauranHorrifying surveillance footage shows the victim, 52, crumpling to the floor as he is attacked from behindBui Van Phu, 55, a registered sex offender on lifetime parole, was initially arrested on suspicion of attempted murder by the NYPD after he handed himself in to police on Thursday - but was allowed to walk free on misdemeanor charges. He is back behind bars after Gov. Kathy Hochul ordered his arrest

As the investigation progresses, it will be determined whether the defendant will face enhanced charges.

According to court documents acquired by DailyMail.com, Phu was charged with lesser offenses because he ‘deliberately (inflicted) physical injury with the aim to harass, irritate, or scare another person.’

Phu was convicted of attempted robbery in 1991 and is a registered sexual offender; on December 24, 1994, he was paroled after being found guilty of raping a 17-year-old female at gunpoint. In March of 2019, he was released from jail.

In frightening footage released by the NYPD, Phu can be seen exiting the Bronx restaurant Fuego Tipico while putting on gloves.

He is then seen punching the guy in the back of the head with significant force. After the unprovoked assault, the victim was discovered unconscious and lifeless on the ground and was brought to the hospital.

In a court-documented chat with his parole officer, Phu recounts the incident as follows: ‘I’m in trouble. Someone I struck is in the hospital.

I do not know whether he is dead. Police are searching for me. I was at the restaurant, and I am aware that the cops are searching for me. The horrible surveillance footage released by the NYPD reveals the moment Phu donned gloves and struck the victim in the back of the head with significant force after donning gloves.

After the abrupt assault, he falls to the ground, apparently unconscious, and hits his head on the concrete. EMS rushed the man to NYC Health + Hospitals/Jacobi for treatment of his skull fracture, cheekbone fracture, and bleeding on the brain.

The NYPD asserts that he punched the victim in the face “without any prior talk or altercation” before “returning to the restaurant and then disappearing.”

The man’s health is currently critical but stable, and inquiries into the terrible assault are underway.

A NYPD official stated, ‘It was reported that on Friday, August 12, 2022, at around 22:45 hours, police responded to a 911 call of a gentleman being assaulted in front of the Fuego Tipico restaurant located at 163 Eat 188 Street.

‘Upon arrival, officers discovered a 52-year-old male victim unconscious and unresponsive with head damage on the ground.

‘Upon additional investigation, it was determined that the victim departed the restaurant, paused, and noticed numerous people conversing, at which point a man exited the restaurant, donned gloves, and positioned himself behind the victim.

‘Without any prior dialogue or dispute, the individual punched the victim in the face before returning to the restaurant and then leaving for an unknown location.

The sufferer sustained a fractured skull, a broken cheekbone, and brain hemorrhage.

The victim was brought by EMS to NYC Health + Hospitals/Jacobi, where his status is reported as critical but stable. The investigation is ongoing.

The victim’s brother told News 12, “I don’t understand why that happened to him.”

When I viewed the video, my brother was standing still and not interacting with anyone. He was preparing to return home.