[Daily Mail, where America gets its news] - Bui Van Phu, 55, from the Bronx, was arrested on suspicion of attempted murder after punching Jesus Cortes, leaving him in a coma, on Friday, August 12
- But on Thursday, he was allowed to leave Bronx Criminal Court after the DA charged him with assault - a misdemanor which is not eligible for bail
- Today, Gov. Kathy Hochul said she ordered his arrest after she 'took action in my own hands' once she'd discussed the charges filed by the DA's office
- The DA's office earlier defended the charges, saying it 'will continue to investigate the alleged attack ... and is obtaining additional evidence'
- 'As the investigation continues, it will be determined if elevated charges will be brough against the defendant,' the statement said
- The registered sex offender was convicted in 1995 of sexual abuse and spent six years in prison with lifetime parole
- Cortes, had to have brain surgery after the attack and is in an induced coma
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