Updated: Hate Crime Charges Against Lewisboro Youths Replaced by Aggravated Harassment

The hate crime charges against four Lewisboro teens were replaced by aggravated harassment charges on Monday, according to Lucian Chalfen, a spokesperson for the Westchester County District Attorney’s Office.

"We did not drop the hate crime charges," said Chalfen. "After reviewing the case, we superceded a charge that was more appropriate—and supported by the evidence: first-degree aggravated harassment, an E Felony, which is often considered a type of hate crime," he said in an email to Patch.

The four youths, Michael Trapasso, 17, of South Salem, Cris Grispin, 17, of South Salem, Daniel Mitchell, 17, of Cross River, and Michael Skalaski, 18 of Goldens Bridge, were with counts of second-degree hate crime and third-degree criminal mischief, both felonies. The hate crime charge has been changed to first-degree aggravated harassment and the third-degree criminal mischief charges remain.

They allegedly spray-painted anti-Semitic slurs and Swastikas on the home and neighborhood of a Jewish family in the Elmwood Road area on the night of Jun. 9. They also allegedly spray-painted graffiti of a sexual nature on a car and postal vehicles parked in Oakridge Commons in Vista.

In a “hate crime," victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, according to state law.

An individual can be charged with aggravated harassment in the first degree if they “have intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct." In other words, they may have intent to harass an individual, but it may be because of a prior dispute and not necessarily because of someone's background.

The new details revealed in the investigation include prior arrests involving the accused youths and the resident of the home that was spray painted. State police have not made the details of the arrests immediately available to Patch but a Freedom of Information Act request has been made.

The Lewisboro Ledger reports that a 16-year-old resident of the Elmwood Road was arrested on May 10, along with Leo Giraldo, a 17-year-old from North Salem, for assaulting Trapasso. Chalfen confirmed the arrest and said the information was used to review the case. The 16-year-old is scheduled to appear in Lewisboro town court on June 27.

Two of the other teens charged, Grispin and Mitchell, were also arrested on April 15. After allegedly placing cones on Routes 35, 121 and 123 and causing “hazardous road conditions,” they were charged with sixth-degree conspiracy, second-degree criminal nuisance, misdemeanors, and disorderly conduct, a violation.

The four teenagers are scheduled to appear in Lewisboro Town Court on July 11.