Suffolk County District Attorney Raymond A. Tierney today announced that Thomas Gair Jr., 66, of Holbrook, pleaded guilty to Assault and Aggravated Harassment as Hate Crimes for the Mother’s Day attack of a same sex couple at Mascot Dock in Patchogue.
“This defendant physically and verbally attacked two women simply because of their sexual orientation,” said District Attorney Tierney. “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 the defendant’s statements during his plea allocution, on May 14, 2023, two young women were at Mascot Dock in Patchogue enjoying the sunset and taking photos together. Gair and co-defendant Joseph Kess were allegedly also at the dock and began to make derogatory comments about the women’s sexual orientation. Gair punched both women while Kess allegedly urinated on their vehicle, threw beer cans at the women, and threw one of the women’s phone and sandals off the dock into the water. Kess allegedly grabbed one of the women and dragged her toward the edge of the dock, attempting to throw her in while telling her that he was going to drown her.
The woman desperately tried to keep herself from being thrown into the water while Gair repeatedly punched her in the head until a good Samaritan intervened and saved her.
Both women sustained bruises on their faces and bodies from being attacked. One woman’s fingernail ripped back from her nailbed entirely and subsequently fell off, causing excruciating pain. Onlookers called 911.
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 for the charges of 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.
On June 28, 2023, Kess was arraigned on the indictment before Judge Pilewski for the 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. His next court date is October 31, 2023.
On October 19, 2023, Gair pleaded guilty before Judge Pilewski to all charges in the indictment. The District Attorney’s Office requested that Gair be sentenced to 1 to 3 years in prison. However, Judge Pilewski promised to sentence Gair to probation. He is due back in court for sentencing on December 14, 2023. Gair is being represented by the Suffolk County Legal Aid Society.
This case is being prosecuted by Assistant District Attorney Patrick Fedun of the H.E.A.T. Unit, with investigative assistance from Detective James Mosby of the Suffolk County Police Department’s Hate Crimes Unit.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.