Crime & Safety

LI Duo Slung Expletives, Called Riders 'Immigrants': MTA

One threw beer as the LIRR train argument at Penn Station unfolded before a 10-year-old boy, criminal complaint says.

A Long Island couple was released on their own recognizance after facing charges of second-degree aggravated harassment, a charge defined as religion or race-based harassment.
A Long Island couple was released on their own recognizance after facing charges of second-degree aggravated harassment, a charge defined as religion or race-based harassment. (David Allen/Patch)

NEW YORK, NY — A pair of Long Island residents allegedly launched into a hate-filled diatribe — insulting a woman's ethnicity and one of them even throwing beer at her — aboard a Long Island Rail Road train at Penn Station last week, according to a criminal complaint filed in a Manhattan court.

The female witness, who is not identified, told Metropolitan Transportation Authority police that Kristen Digesaro, 38, of Huntington “in substance” told a woman in the Jan. 10 incident: "You f------ immigrants, you have no rights in this country. You have no right to ask anyone to move. You don't even pay taxes," according to the MTA's complaint, which was obtained by Patch.

The complainant goes on to say that she heard Justin Likerman, 37, of Ronkonkoma “in substance” say to the woman: "F------ foreigners. You take all of our resources." He then threw beer in the woman's direction, with her 10-year-old son looking on, according to the complaint. It is not clear which woman had beer thrown in her direction, the complainant or the victim, or which woman's son was present because the complaint has been redacted.

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The incident took place at about 10:20 p.m., the complaint states.

While the victim was not identified in the complaint, Elizabeth Edelkind and her family did come forward and tell News 12 that they were pressing charges against the couple, saying the two racially assaulted them as they rode the LIRR en route to a professional basketball game, the outlet reported. Edelkind says she was called racial slurs and her family had beer thrown on them, according to the outlet.

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In a video posted to Twitter, a man could be heard telling someone, "Don't f------ look at me," and "I'm going to get arrested tonight." Then someone told him it was not worth getting arrested over, and he replied, "I know it's not worth it, but these f------ foreigners ain't taking over my f------ country."

Likerman and Digesaro have been charged with second-degree aggravated harassment, a misdemeanor charge defined as based upon religion or race, as well as endangering the welfare of a child, also a misdemeanor, according to the complaint.

The charges were in collaboration with the Manhattan District Attorney's Office and the Hate Crimes Unit, the MTA said.

The pair pleaded not guilty at their arraignment Thursday before Judge Herb Moses and were released on their own recognizance.

Digesaro's attorney, Raymond Loving, said he had a brief opportunity to speak with his client.

"I expect to litigate the case and for her to be acquitted of the criminal charges," he added.

Likerman's attorney, Lamar Miller, declined comment.

Likerman is due back in court on Feb. 23, and Digesaro on Monday.

Likerman and Digesaro turned themselves in to MTA police at Grand Central Terminal on Wednesday afternoon, according to the MTA.

The pair were let go from Empire Toyota of Huntington after an investigation found they were tied to the incident, the dealership said.

"Empire Toyota ownership and management were outraged by the event involving two of its employees this past Monday night on the Long Island Rail Road," the dealership wrote on Facebook on Thursday, although it did not mention them by name. "The two employees were suspended when we first heard about this incident, and, as our investigation just concluded, they have been terminated."

"The heart and soul of our labor force is extremely diverse and we value our employees beyond description," the post continued. "Further, our company's deep support — financial and in-kind — of Long Island's diverse communities is a matter of public record. We can say without hesitation that whatever occurred on that LIRR train is in no way reflective of our company, its ownership, its management team, nor its employees."

Michael DeSantis contributed additional reporting to this story.

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