PORTSMOUTH — A Portsmouth man accused of smashing two Star of David light sconces outside Temple Israel with a hammer is facing new charges, including a hate crime punishable by 10-30 years in jail if he's found guilty.
Kevin O’Leary , 31, was indicted by a Rockingham County Superior Court grand jury on two criminal mischief charges, including a special felony, which can carry the longer jail term and a fine of up to $4,000. The other criminal mischief charge, a Class B felony, is punishable by 3.5 to 7 years in jail and a maximum $4,000 fine.
The indictments indicate the grand jury found enough evidence exists to warrant a trial.
Hate crime allegations against Kevin O'Leary explained
In April, Portsmouth police sought public assistance to identify a suspect caught on surveillance smashing the outdoor lanterns at Temple Israel on State Street. The incident occurred the evening of April 8.
O’Leary was identified as the alleged culprit by members of the public and turned himself in a police warrant later in April. He was charged with criminal mischief and hate motivated criminal mischief, both misdemeanor-level, alternative theory counts. The charges were processed through Portsmouth District Court. The county court in Brentwood is now overseeing the case following the direct indictment against O’Leary.
Charging documents note the distinction between the special felony charge handed down to O’Leary versus the standard criminal mischief count against him.
The special felony charge, recorded as a hate crime count in court records, alleges O’Leary was “substantially motivated to commit the crime because of hostility towards the victim’s religion, race, creed, sexual orientation as defined in (state statute), national origin, sex or gender identity as defined in (state statute).”
Both counts allege O’Leary caused damage in excess of $1,500 and had “no right to do so, nor any reasonable basis for believing that he had such a right” to allegedly smash the lanterns, the charging documents state.
Temple Israel board of directors member Doug Tilton previously noted the outdoor lanterns were installed in 1921, when the synagogue underwent a renovation.
What's next for O'Leary's case
O’Leary is scheduled to be arraigned at Rockingham County Superior Court on Aug. 28 at 1 p.m., according to court records. Seacoastonline attempted, without success, to contact O'Leary on Thursday.
The FBI and the New Hampshire attorney general's Civil Rights Unit assisted Portsmouth police in their investigation leading to the arrest warrant for O’Leary.
Andrew Cotrupi, a Hampton lawyer, who has represented O’Leary prior to the indictment, did not immediately respond to a request for comment.
O’Leary’s case is being prosecuted by assistant county attorney Kathryn Carlson. She did not respond to a request for comment Thursday.
Temple Israel has long been known as the “First Permanent Jewish House of Worship in New Hampshire,” a distinction stated on a plaque outside the building. It has been a Jewish place of worship since 1912.
The destruction of the outdoor lanterns marks the second criminal investigation regarding damage at Temple Israel in just over a year. In February 2023, Temple Israel was one of several downtown area houses of worship, businesses, buildings and residences to be targeted with hateful spray-painted graffiti.
This article originally appeared on Portsmouth Herald: Portsmouth man charged with smashing Temple Israel lanterns faces hate crime charge
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