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Wantagh man, charged in hate-crime-related case, makes bail, official says

Joseph Magistro, of Bayview Avenue, pointed the shotgun

Joseph Magistro, of Bayview Avenue, pointed the shotgun at a 62-year-old black female neighbor and her 17-year-old grandson Monday, according to Nassau County police. Photo Credit: NCPD

A Wantagh man charged with hate crime-related offenses after allegedly pointing a loaded shotgun at a neighbor and using a racial slur is free on bail, a court official confirmed Thursday.

Joseph Magistro, 33, of Bayview Avenue, who is white, pointed the shotgun at a 62-year-old black female neighbor and her 17-year-old grandson Monday, according to Nassau County police.

Using a racial epithet, the "enraged" man said: "You [expletive] don't belong in this neighborhood. This is a white neighborhood," according to police. 

"I'll put a [expletive] bullet in you right now," Magistro added during the 3:35 p.m. encounter before the victims retreated inside the grandmother's house, a felony complaint said.

Police said the confrontation began after Magistro became angry as part of an ongoing dispute and smashed several windows in the victim's home by throwing barbells through the glass or breaking them with the butt of his shotgun — doing about $2,000 in damage.

The grandmother confronted Magistro, but she and her grandson went inside and called police after he pointed the shotgun at them, authorities said.

Police said Magistro then went into the grandmother's yard and shattered another window.

Magistro faces charges of hate crime-related menacing, aggravated harassment, weapon possession, criminal mischief and criminal trespassing.

Police recovered barbells from the victim's home — one lodged in a wall — and also found a loaded shotgun at the scene, according to the felony complaint. Police also found "blood evidence" at the grandmother's home after Magistro cut himself on broken glass, and recovered a shotgun case at his home, the complaint said.

Magistro signed a statement "wherein he admitted to intentionally damaging the victim's property," according to police.

A District Court judge had set Magistro's bail at $15,000 cash or $30,000 bond at his Tuesday arraignment.

The court file shows a protective order remains in place that prohibits Magistro from coming within 100 yards of the alleged victims. The judicial order makes an exception for "incidental contact on Bayview Ave."

The grandmother couldn't be reached by phone Thursday.

"I just have to leave it at 'no comment,' " Magistro's Hempstead attorney, Guy Allen, said Thursday.

Magistro is due back in court in December.

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