The convicted sex fiend freed without bail after he allegedly sucker punched a stranger into a coma was described at a parole hearing Saturday as “an imminent threat to the community.”
Van Phu Bui, who was sent to jail Friday only after a public outcry and intervention by Gov. Kathy Hochul, belongs to the vicious Born to Kill gang, his parole officer, Nixa Rivera, said at the Bronx proceeding.
“Mr. Bui is a 55-year-old male with a persistent violent felony offender history,” Rivera said. “Mr. Bui is a registered level three sex offender, the highest level on the sexual offender registry. Mr. Bui continues to be an imminent threat to the community.”
She said the Vietnamese immigrant had been living in a shelter for the past six years, had no family or community ties, and had worked the cash register at a nail salon for the past two years.
Bui, who is on lifetime parole, had been released without bail after his arrest Wednesday for punching 52-year-old Jesus Cortes unconscious on a Bronx street Aug. 12, according to a criminal complaint.
Cortes remained at Jacobi Medical Center Saturday where his family said he was sedated and on a ventilator following surgery.
The NYPD charges of attempted murder were later downgraded by Bronx District Attorney Darcel Clark to misdemeanor assault and harassment, which are no-bail violations.
After outrage was sparked by The Post’s front page coverage Friday of Bui’s release, Hochul claimed credit for sending him back to jail saying her administration reached out to Clark’s office to discuss the case.
“This is a person on lifetime parole, and as of minutes ago, that person is now in custody. That is at my direction,” Hochul crowed Friday. She criticized judges and district attorneys Saturday while speaking at a Hamptons synagogue.
Rivera indicated at Saturday’s hearing that “the pending criminal charges will be elevated to felonies.”
Bui’s attorney, Alison Lowy of the Legal Aid Society, tried to argue it was unfair that the charges might be bumped up.
“The only reason more serious charges are being considered is due to outside pressures from the press and the governor,” she said. “When this incident happened, the defendant called his parole officer and she told him to turn himself in, and he did.”
Judge Lumarie Maldonado Cruz ordered Bui to jail without bail and set a preliminary hearing for Tuesday.
Juan Cortes, the victim’s brother, said Bui should have been charged with a felony from the beginning, calling him “an evil person.”
“All these things he did, I can’t believe it. Why did he come to America? To make trouble? To kill people? Not for a better life?” a distraught Cortes said.
The brothers immigrated to the US from Mexico and live together.
He said news that Bui belonged to a gang made him fear for his safety.
“I’m just waiting for justice. I hope they change the laws that protect all those criminals,” Cortes said. “He should stay in jail and think about what he did. He should not come out. To do what? To hit somebody again? No, no, no.”
In a statement, the state department of corrections said they would continue to work with the Bronx DA’s office as they prosecute him for assault.
“DOCCS will continue with the parole revocation process and will cooperate with the Bronx District Attorney’s office as it prosecutes the assault charges,” a spokesperson said.