2nd Man Charged In Suffolk Same Sex Couple Hate Crime Incident: Police

PATCHOGUE, NY — A second man has been charged in connection with the assault and harassment of a same-sex couple in Patchogue back in May, Suffolk police said.

Hate Crimes Unit detectives charged Thomas Gair Jr., 66, of Patchogue, with third-degree assault as a hate crime, a felony, and two counts of second-degree aggravated harassment, a misdemeanor, according to police.

Another Patchogue man, Joseph Kess, 40, was charged with hate crimes in connection with an attack, police said.

Two 29-year-old women were watching the sunset at Mascot Dock on South Ocean Avenue on May 14 at around 7:45 p.m. when two men in a vehicle made anti-lesbian remarks, according to police.

One of the men punched one of the women while the other tried to push the second woman into the water and threw one of their cell phones into the water, police said, adding that the women were treated for non-life-threatening injuries at a local hospital.

Kess was charged with third-degree assault and criminal mischief as hate crimes, a misdemeanor and felony, as well as second-degree aggravated harassment, a misdemeanor, after an investigation by Suffolk's Hate Crimes Unit, police said.

After Kess' arrest, Police Commissioner Rodney Harrison called it "unacceptable that two people cannot enjoy a night out without being intimidated, ridiculed, and physically assaulted" because of their sexual orientation.

“There is no room for hate in this county and we will continue to arrest those who target individuals based on personal biases," he said.

District Attorney Ray Tierney also called it "despicable that two young women couldn’t peacefully enjoy a beautiful spring sunset by the bay without allegedly being verbally and physically attacked simply because of their sexual orientation.”

"There is no place for bigotry in Suffolk County and my office will do everything in its power to ensure that perpetrators of hate crimes such as the one alleged here are held accountable," he said.

The investigation is continuing, police said.

Kess pleaded not guilty to the charges, and his bail was set at $75,000 cash or $150,000 bond, according to online court documents.

Patch has reached out to his attorney Scott Zerner of Manhattan.

Information on Gair's legal representation was not immediately available.

In August 2022, two males on bikes were sought for ripping down a Pride Flag at home on Case Avenue in Patchogue, police said.

This story will be updated. Check back later.