Holbrook man pleads guilty to hate crime charge in attack on same-sex couple, district attorney says

A Holbrook man has pleaded guilty to assaulting a same-sex couple on Mother’s Day in Patchogue, the Suffolk County District Attorney’s Office said in a news release Friday.

Thomas Gair Jr., 66, pleaded guilty to assault in the third degree as a hate crime, a felony; and two misdemeanor counts of aggravated harassment in the second degree, before county Judge Steven A. Pilewski in Riverhead on Thursday, according to the district attorney’s office.

The two women had been taking photographs together at Mascot Dock as the sun set May 14 when Gair and co-defendant Joseph Kess allegedly began making derogatory remarks about the couple’s sexual orientation, according to the district attorney’s office.

Gair repeatedly punched both women and Kess allegedly urinated on their vehicle, threw beer cans at them, threw one woman’s phone and sandals into the water and then attempted to drag one woman into the water while threatening to drown her, the district attorney’s office said in the news release.

Prosecutors said Kess told one woman, “I’ll [expletive] drown you,” Newsday previously reported.

Gair punched the woman in the head as Kess was allegedly trying to drag her into the water and she fought back. A bystander intervened to stop the attack.

“This defendant physically and verbally attacked two women simply because of their sexual orientation,” District Attorney Ray Tierney said of Gair in the news release. “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.”

Although the district attorney’s office requested a prison sentence of 1 to 3 years, Pilewski said he would sentence Gair to probation when he returns to court for sentencing on Dec. 14, the district attorney’s office said.

Kess is due back in court Oct. 31 to face charges of criminal mischief in the third degree as a hate crime, a felony; assault in the third degree as a hate crime, a felony; and a misdemeanor count of aggravated harassment in the second degree. He has pleaded not guilty.