Man charged in racist attack on Mystic hotel clerk is locked up in N.Y.

Legal woes continue to mount for the New York man charged in connection with the racially motivated assault of a Black hotel clerk in Mystic in 2020.

Philip Sarner, 43, is wanted in Connecticut for failing to show up in New London Superior Court on May 22 for his pending criminal case – related to the assault of 59-year-old Crystal Caldwell of Groton.

There was a reason he did not show up.

New York court records show Sarner has been housed at the Albany County Correctional Facility since May 15 when he was arrested by police in Albany, N.Y., in connection with a domestic disturbance.

At the time of his arrest, Sarner was also served with a warrant by police in Colonie, N.Y., in connection with an alleged robbery at a Home Depot months earlier.

Colonie police Lt. Anthony Sidoti said that the alleged Home Depot robbery took place on Sept. 21, 2023, when Sarner left the store with items he did not pay for. When approached by store employees, police said Sarner jumped into his car and sped toward them, scaring them off but also striking and causing damage to a building. Police chased Sarner until the pursuit was called off because of public safety concerns, Sidoti said.

Court records indicate Sarner, with past convictions in New York that include grand larceny and drug possession, was on parole at the time of the crimes.

Here in Connecticut, Sarner is charged with second-degree assault, third-degree assault and intimidation due to bias in the July 13, 2000, assault of Caldwell at the Quality Inn in Mystic. The incident was captured on video surveillance cameras at the hotel and shows Sarner and his girlfriend at the time – Emily Orbay – pushing, punching and kicking Caldwell.

Caldwell claims the altercation started after Sarner had called the front desk of the hotel to claim the room had no hot water. She alleges Sarner became irate and swore at her, telling her he was going to send his girlfriend down to “kick her ass,” police said. Caldwell told police Sarner called her an “old monkey” and said “your life doesn’t matter,” a reference to the Black Lives Matter movement.

Sarner is also charged with second-degree harassment for allegedly making threatening phone calls to one of Caldwell’s attorneys, M. John Strafaci.

In 2021, Sarner and Orbay filed a federal civil lawsuit against Caldwell in which they denied the allegations against them and claim Caldwell had waged a campaign of misinformation to “destroy their lives.”

The Strafacis represent Caldwell in the federal civil case. They have filed for a motion for default and a counterclaim seeking damages. That case is pending.

Orbay, facing similar charges to Sarner, has applied to the court for accelerated rehabilitation that is available to first-time offenders. Attorneys for Caldwell have said they plan to oppose the application.

“I think any judge that watches the video and sees Orbay’s participation in the assault, I hope would not grant AR,” said M. John Strafaci, who with his son M. Joseph Strafaci, represents Caldwell.

The cases were nearing trial last year when Sarner and Orbay’s attorney dropped out of the case. Sarner and Orbay have since rejected plea offers from state prosecutors that involved five years in prison for Sarner and two years for Orbay.

M. John Strafaci said Caldwell understands the court process but remains frustrated the case hasn’t moved forward, especially in light of what was expected to be a trial last year.

As for Sarner’s legal troubles in New York, Strafaci said “no one is really surprised that Sarner has been rearrested.”

“It goes to show what everyone already knows – that he is a threat to society and the only place he belongs is in jail,” Strafaci said.

g.smith@theday.com