KINGSTON — On Tuesday, Sept. 8, 2026, shortly after 7:30 a.m., Kingston police responded to Cumberland Farms at 41 Main Street following a report of a fight in progress.
According to the Kingston Police Department, the victim, a Black man, told police he was at the gas pumps when a stranger, later identified as Gary Phillipo II, began yelling racial slurs at him without any provocation. Phillipo then charged at the victim, resulting in a physical altercation.
Phillipo allegedly kicked the victim, struck him several times, and knocked him to the ground. The victim fought back and suffered several injuries, including a suspected compound fracture to a bone.
Police conducted an investigation and determined that Phillipo was the primary aggressor. The Kingston Police Department reported that witnesses provided statements that appeared to corroborate the victim’s account and described Phillipo as irate and out of control.

Responding officers said Phillipo continued yelling racial slurs and behaving erratically after they arrived on scene. Officer Dylan Oxsen subsequently arrested him.
After arriving at the police station, Phillipo complained of an injury and was transported to the hospital. The Kingston Police Department reported that Phillipo remained disruptive in the emergency room, where he allegedly yelled profanities and racial slurs at officers and hospital staff, made derogatory remarks about African Americans, and made sexualized comments.
The department said Phillipo also has a lengthy history of violence.
In the days following the arrest, Officer Oxsen continued investigating the incident and obtained surveillance footage from Cumberland Farms. The Kingston Police Department said the video appeared to further corroborate the victim’s account of an unprovoked attack.
Gary Phillipo II, 40, of Carver, was charged with the following:
- Assault & Battery with Dangerous Weapon causing Serious Bodily Injury
- Assault & Battery to Intimidate resulting in Bodily Injury (Hate Crime)
- Disturbing the Peace
Phillipo remained in custody following his arraignment and is due back in court next month.