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Joseph Kess, age 40, of Patchogue, was indicted for assault and criminal mischief in Suffolk County Court on Wednesday, June 28, in connection with the Mother’s Day attack at Patchogue’s Mascot Dock.
According to prosecutors, two young women were at the beach on May 14, 2023, watching the sunset and taking photos together, when Kess and another man began making derogatory comments about their sexual orientation.
The incident escalated when Kess urinated on their vehicle, threw beer cans at them, and threw one of the women’s phone and sandals into the water, prosecutors allege.
He then reportedly grabbed one of the women and dragged her toward the edge of the dock, where he attempted to throw her in the water while telling her he was going to drown her.
As the woman struggled to free herself, Kess’ accomplice repeatedly punched the woman in her head, according to investigators.
The attack finally stopped when a good Samaritan intervened and pulled the man off her.
Both women suffered bruises on their faces and bodies, and one woman’s fingernail was ripped back from her nail bed, causing "excruciating pain,” prosecutors said.
Kess initially fled the scene, but was arrested a short time later after witnesses called 911.
“Bigotry like this is unacceptable,” Suffolk County DA Raymond Tierney said in a statement. “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.”
In court Wednesday, Kess was arraigned on the following charges:
- Third-degree assault as a hate crime (felony)
- Third-degree criminal mischief as a hate crime (felony)
- Second-degree aggravated harassment (misdemeanor)
He was ordered held at the Suffolk County jail on $75,000 cash bail and is due back in court on Monday, July 24.
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