Joseph Kess of Patchogue indicted on hate crimes for Mother's Day attack of same sex couple, DA says

A Patchogue man who allegedly urinated on a same-sex couple’s vehicle, threw one woman’s phone off a dock and then tried to push her in the water last month has been charged with hate crimes, Suffolk District Attorney Ray Tierney said Wednesday. 

An indictment unsealed Wednesday charges Joseph Kess, 40, with third-degree criminal mischief as a hate crime, second-degree assault as a hate crime, and second-degree aggravated harassment. 

Suffolk County Court Judge Steven A. Pilewski ordered Kess held on $75,000 cash, $150,000 bond or $750,000 partially secured bond during an arraignment in Riverhead on Wednesday. 

“Bigotry like this is unacceptable … 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. 

Kess’ attorney Scott Zerner said the alleged attack took place in May and had nothing to do with June Pride celebrations. 

“Mr. Kess maintains his innocence,” Zerner said. “We are in the process of reviewing various recordings of the incident and expect that his co-defendant is responsible for some if not all of the incident and its escalation.”

According to authorities, two young women were at Mascot Dock in Patchogue at about 7:45 p.m. on May 14 — Mother’s Day — enjoying the sunset and taking photos together.

Kess and another man who has not yet been charged arrived in a vehicle and made anti-lesbian remarks in an incident captured on video by witnesses, authorities said.

“You need a man,” prosecutors said Kess yelled at the women before rattling off a pair of more sexually explicit insults. 

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, prosecutors 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, 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, prosecutors said.

Both women suffered bruises on their faces and bodies after 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.

Prosecutors said Kess has an arrest history, including convictions for DWI and criminal contempt in 2019, criminal possession of a weapon in 2014 and resisting arrest in 2011.