SUFFOLK COUNTY, N.Y. (SCDAO) – Suffolk County District Attorney Raymond A. Tierney announced that Thomas Gair Jr., a 66-year-old resident of Holbrook, has pleaded guilty to Assault and Aggravated Harassment as Hate Crimes for the Mother’s Day attack on a same-sex couple at Mascot Dock in Patchogue.
In a statement, District Attorney Tierney said, “This defendant physically and verbally attacked two women simply because of their sexual orientation. This kind of bigotry is unacceptable, and my office will continue to use all available resources to ensure that those who commit crimes motivated by hatred will be held accountable.”
According to court documents and Gair’s statements during his plea allocution, the incident occurred on May 14, 2023. Two young women were enjoying the sunset and taking photos together at Mascot Dock when Gair and his co-defendant, Joseph Kess, allegedly began making derogatory comments about their sexual orientation. Gair proceeded to physically assault both women, while Kess urinated on their vehicle. Kess also threw beer cans at the women and threw one of the women’s phone and sandals off the dock into the water. Furthermore, Kess grabbed one of the women and tried to throw her into the water, threatening to drown her.
One of the women managed to resist being thrown into the water while Gair continuously punched her in the head. Fortunately, a good Samaritan intervened and saved her from further harm. The assault resulted in bruises on both women’s faces and bodies. Additionally, one of the women suffered a ripped fingernail, causing extreme pain. Onlookers on the scene promptly called 911 for assistance.
Gair was indicted by a Grand Jury on June 20, 2023, and was arrested and arraigned on the indictment on August 9, 2023, before County Court Judge, the Honorable Steven A. Pilewski. He was charged with Assault in the Third Degree as a Hate Crime, a Class E felony, and two counts of Aggravated Harassment in the Second Degree, a Class A misdemeanor.
Kess, on the other hand, was arraigned before Judge Pilewski on June 28, 2023. He faces charges of Criminal Mischief in the Third Degree as a Hate Crime, a Class D felony, Assault in the Third Degree as a Hate Crime, a Class E felony, and Aggravated Harassment in the Second Degree, a Class A misdemeanor. Kess’s next court date is scheduled for October 31, 2023.
On October 19, 2023, Gair pleaded guilty to all charges in the indictment before Judge Pilewski. The District Attorney’s Office requested a sentence of 1 to 3 years in prison for Gair. However, Judge Pilewski promised to sentence him to probation. Gair will return to court for sentencing on December 14, 2023. He is being represented by the Suffolk County Legal Aid Society.
The hate crime committed by Gair and Kess exposes the ongoing issue of discrimination and violence against individuals based on their sexual orientation. This incident highlights the importance of raising awareness and promoting inclusivity in society. Hate crimes not only harm the victims physically and emotionally but also create an atmosphere of fear and hostility within communities. It is crucial for law enforcement agencies and the justice system to respond swiftly and firmly to hate crimes to send a clear message that such behavior will not be tolerated.
In this case, District Attorney Tierney’s commitment to holding those who commit crimes motivated by hatred accountable is commendable. By actively using available resources, such as the Grand Jury and the court system, the Suffolk County District Attorney’s Office demonstrates a commitment to promoting justice and equality.
However, it is also important to address the underlying causes of hate crimes. Education and awareness programs that promote tolerance and respect for all individuals, regardless of their sexual orientation, can help prevent such incidents in the future. Building a more inclusive and accepting society requires continuous efforts from the government, community organizations, and individuals.
In conclusion, the guilty plea of Thomas Gair Jr. for the assault and aggravated harassment of a same-sex couple as hate crimes emphasizes the need for society to reject bigotry and discrimination. The ongoing fight against hate crimes must continue, and all individuals should be treated with dignity and respect, regardless of their sexual orientation. The justice system plays a critical role in ensuring that those who commit hate crimes are held accountable for their actions, underscoring the importance of a fair and just society for all individuals.
