Crystal Caldwell, the victim in what police have described as a racially motivated 2020 assault at a Mystic hotel, called the decision by a judge on Monday a “punch in the gut.”

New London Superior Court Judge John Newson approved an application by 31-year-old Emily Orbay of Brooklyn, N.Y., to enter into a court diversionary program called accelerated rehabilitation that will allow her to avoid a criminal record after two years of successfully following court conditions.

“I’m heartbroken right now that she did this assault and she’s going to get away with it,” Caldwell said.

The accelerated rehabilitation program is designed for first-time offenders charged in minor crimes and some low-level felonies who are not likely to re-offend. It provides a path for charges to be dismissed after a probationary period. Orbay will be in the program for two years.

Orbay and Philip Sarner, the father of her three children, are accused of beating Caldwell following a June 26, 2020, argument at the Quality Inn in Mystic where Caldwell worked as a front desk clerk. She was 59 at the time of the assault.

Sarner, who faces the more serious assault charges, can be seen in the video punching Caldwell, throwing her to the floor and kicking her while she is down. There were racial slurs like “old monkey” uttered during the assault, police said.

And while Orbay is captured on surveillance video grappling with and attempting to hit Caldwell, she is also seen holding Sarner back at one point. She is charged with third-degree assault and intimidation based on bigotry or bias, which is a felony.

Judge Newson told Orbay he was confused why a woman of color ― Orbay is Hispanic ― would choose to stay with a man “who has proven himself to be a vile, disgusting racist.” Sarner has a long list of criminal convictions and pending charges. Held in prison in New York, he is on the trial list for his case here.

Newson noted Orbay has no criminal record and has avoided any criminal trouble in the four years since her arrest. Newson said the accelerated rehabilitation program has provisions to address the hate crime ― a hate crimes diversion program that he ordered as part of her probationary period. He also ordered Orbay to complete 25 hours of community service and to have no contact with Sarner except when required to allow visitation of their children.

Newson’s decision came against the objection of Assistant State’s Attorney David Smith and Caldwell, whose attorney M. John Strafaci spoke about his disappointment in the judge’s decision outside the courtroom.

“Given the severity of the offense ... her participation in a racially motivated assault that caused permanent injuries to Crystal. We still firmly believe this is not the type of case that’s appropriate,” Strafaci said.

Strafaci said he didn’t think the fact that Orbay is Hispanic exempted her from committing a racist act.

“To all of a sudden treat her as a victim is just offensive to us,“ Strafaci said.

Strafaci said in addition to the assault and racist remarks, Orbay and Sarner filed a federal civil lawsuit against Caldwell and her family and employer that called the assault a hoax and contributed to the long delay in the criminal court case. It follows a pattern, Strafaci said. Both Orbay and Sarner filed a civil suit against Harrah’s in Atlantic City in which they claimed they were assaulted by casino employees.

Orbay briefly addressed the court on Monday, telling Judge Newson that she wished to “repent for her actions.“

“That’s not who I was raised to be,” Orbay said.

Orbay’s attorney, Andrew Cates, in his appeal to Judge Newson, said that without Sarner, Orbay would not have gotten into any trouble.

“He clearly was the instigator. She’s malleable, or at least was at the time,” Cates said. “She feels horrible about this. I think she’s already paid a heavy price. I don’t really think she was in full control of her lifestyle.”

g.smith@theday.com