Case status
Gary Phillipo II of Carver remained in custody after arraignment on charges arising from a Sept. 8 encounter at a Cumberland Farms in Kingston, according to New Bedford Guide and Newport Dispatch. The charges are assault and battery with a dangerous weapon causing serious bodily injury; assault and battery to intimidate resulting in bodily injury, identified as a hate-crime charge; and disturbing the peace. He is due back in court next month.
What police say happened
Kingston officers were called to 41 Main Street shortly after 7:30 a.m. for a reported fight. Police said the victim, a Black man, told investigators that Phillipo approached him at the gas pumps, used racial slurs and initiated the confrontation. The victim reported being kicked and struck before he was knocked down, and police said he suffered several injuries, including a suspected compound fracture, as reported by News Link Live.
Investigators said witness statements supported the victim’s account and that officers identified Phillipo as the primary aggressor. Police also said Phillipo continued using racial slurs after officers arrived. The reports identify Officer Dylan Oxsen as the arresting officer, according to Newport Dispatch.
Surveillance evidence
Police said Oxsen obtained surveillance footage from the Cumberland Farms in the days after the incident and that the recording supported the victim’s account, according to News Link Live. The allegations have not been tested at trial, and Phillipo is presumed innocent.
