LI Man Pleads Guilty To Hate Crimes Against Same Sex Couple: DA

PATCHOGUE, NY — A Holbrook man pleaded guilty Friday to assault and aggravated harassment as hate crimes, after a Mother's Day attack on a same sex couple at a dock in Patchogue on Mother's Day, District Attorney Ray Tierney said.

According to court documents and the defendant’s statements during his plea allocution, on May
14, two young women were at Mascot Dock in Patchogue enjoying the sunset and taking
photos together, Tierney said.

Gair and co-defendant Joseph Kess were also at the dock and began to make derogatory comments about the women’s sexual orientation, Tierney said. Gair punched both women while 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 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 DA added.

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, Tierney said.

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

Onlookers called 911, the DA added.

Gair was indicted by a grand jury on June 2 and was arrested and arraigned on the indictment on August 9 before County Court Judge Steven A. Pilewski, on the charges of third-degree assault as a hate crime, a felony; and two counts of second-degree aggravated harassment, a misdemeanor, Tierney said.

On June 28, Kess was arraigned on the indictment before Judge Pilewski for the charges of
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.

His next court date is October 31, the DA said.

On Thursday, Gair pleaded guilty before Judge Pilewski to all charges in the indictment, the DA said.

The District Attorney’s Office requested that Gair be sentenced to 1 to 3 years in prison; however,
Judge Pilewski promised to sentence him to probation, the DA said.

He is due back in court for sentencing on December 14 and is being represented by the Suffolk County Legal Aid Society.

"This defendant physically and verbally attacked two women simply because of their sexual orientation," Tierney said. "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."