LI Man Indicted After Violent Hate Crime Attack On Same-Sex Pair: DA

PATCHOGUE, NY — A Patchogue man was indicted on charges Wednesday relating to a violent hate-crime attack on a same-sex couple that took place on Mother's Day, Suffolk County District Attorney Ray Tierney said.

Joseph Kess, 40, was indicted on charges including third-degree criminal mischief as a hate crime, a felony; third-degree assault as a hate crime, a felony; and second-degree aggravated harassment, a misdemeanor, Tierney said.

According to the police investigation, on May 14, two young women were at Mascot Dock in Patchogue enjoying the sunset and taking photos together, Tierney said.

Kess and another man were also at the dock and began to make derogatory comments about the women’s sexual orientation, Tierney said. The incident escalated when Kess 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, Tierney said.

Kess then 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, Tierney said. The woman "desperately tried to keep herself from being thrown into the water while Kess’ accomplice repeatedly punched her in the head until a good Samaritan intervened and pulled the man off her," Tierney said.

Both women sustained bruises on their faces and bodies from being attacked; one woman’s fingernail ripped back from her nail bed entirely and subsequently fell off, causing "excruciating pain," Tierney said.

Onlookers called 911 and Kess fled the scene; following the investigation, Kess was located and arrested by law enforcement, Tierney said.

Kess was arraigned on the indictment before County Court Judge Steven A. Pilewski, who ordered Kess held on $75,000 cash, $150,000 bond or $ 750,000 partially secured bond, Tierney said.

Kess is due back in court on July 24 and he is represented by Scott Zerner.

"Mr. Kess maintains his innocence," Zerner told Patch. "We are in the process of reviewing the discovery, which includes recordings of the incident. The incident had nothing to do with Pride month — it happened in May, even though the arrest happened in June."

Zerner added that there was a co-defendant, who has not yet been arrested. "It is likely to be determined that it is the co-defendant, not Mr. Kess, that was in the midst of the beginning of this incident."

This case is being prosecuted by Assistant District Attorney Patrick Fedun of H.E.A.T. Unit, with assistance from Detective James Mosby of the Suffolk County Police Department’s
Hate Crimes Unit.

"This defendant is alleged to have verbally abused two Suffolk County residents who were peacefully enjoying the beauty of a Long Island sunset on the water, and physically assaulted one of them simply because of her sexual orientation," said Tierney. "Bigotry like this is unacceptable."

During his tenure as district attorney, Tierney said he has created the new hate crimes unit at his office, which investigates and prosecutes hate crimes, elder abuse, human trafficking, and anti-immigrant crimes.

"When a defendant’s criminal conduct is motivated by hate, my office will use all available resources to ensure that the alleged perpetrators are held accountable," Tierney said.