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2 Guilty, 3 Not Guilty in Roxen Road Case

Two convicted and face jail time, three go free in Rockville Centre assault case, officials confirm.

Matthew Diperna (R) and William Moore (L) were found guilty by a judge Wednesday. (Photo: NCPD)
Matthew Diperna (R) and William Moore (L) were found guilty by a judge Wednesday. (Photo: NCPD)

Two of the five Rockville Centre defendants in the Roxen Road assault case were convicted and could face jail time, officials confirmed.

William Moore and Matthew Diperna, both 19, were found guilty by Judge Christopher Quinn in a bench trial Wednesday.

Moore was found guilty of third-degree assault and faces up to one year in prison. Diperna could spend three months behind bars for third-degree attempted assault. Moore and Diperna, then seniors at South Side High School, were the first two arrests made in the assault.

"I'm a little disappointed in the verdict, but I understand where the judge is coming from," Diperna's lawyer, John R. Lewis Jr., told Newsday.

Meanwhile, Kevin Coyle, 20, Nolan Kelly, 19, and William Nelson, 19, were found not guilty of third-degree assault, which could have put them in prison for one year.

Moore and Diperna will return to court for their sentencing on March 19.

The five men were charged in the June 2012 beating of soccer coach John Woythaler, an incident that shocked and enraged Rockville Centre. According to police, Woythaler’s 44-year-old wife was walking their dog on Roxen Road when the five allegedly made sexually suggestive comments to her. She told Woythaler, who jumped in his car to find the culprits and make them apologize, cops said.

The five were then accused of brutally attacking Woythaler, who was rushed to Mercy Medical Center by RVCPD and treated for broken ribs, multiple contusions and injuries to his face and jaw, and a concussion, officials reported.

At opening statements on Jan. 7, prosecutors "said the teens acted in unison and later boasted about the attack on Facebook," writing, "We jumped an old man…We had to beat him. He kept getting back up," reported CBS.

Initially, the defendants were charged with second-degree gang assault, but those charges were dropped in August. Second-degree assault charges were also reduced in August to second-degree attempted assault, which could have sent them to prison for up to four years.

Second-degree attempted assault charges were dropped on Tuesday, the day before the verdict was issued.

This is a breaking news story. Patch will update as more information becomes available.

Previous stories on the Roxen Road assault:

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Letsgetreal January 27, 2014 at 10:53 PM
I also don't remember saying the judicial system is corrupt. I fully believe it can be. Do I believe it is in this case? No, I do not. I fully respect the idea that it is a possibility but personally do not believe the judge lessened their sentences or let kids free because 2 of them happened to play lacrosse. It is a common trend (not just in this case) that first time offenders will recieve a lenient verdict. Criminal court is based on "innocent until proven guilty" and I fully believe that it is much more likely that the judge couldn't find sufficient evident to indisputably prove that the three that walked were involved in a criminal matter rather than he put his ass on the lines for 3 kids, one of which played lacrosse and he may have known. Respectable argument right?
Life after PD January 28, 2014 at 12:03 AM
Where do I begin? Lets start with joe, I guess when you consider 137 blog posts as achievemnts it will be highly unlikely that I will ever surpass him. James Bardon-yes John W. threw the first punch. The defendants no doubt would have testified to this had they chosen to testify. Where are your facts that say that the victim didn't throw the first punch. Obviously we will disagree on this point. Kmack, I strongly believe that John W. threw the first punch. As you have been saying all along it was on facebook. Well so was the accusation of who threw the first punch. Darker side you need better reading comprehension as I have always referred to you as Darker side. It was your Orwellian group think commrade joe thrapp who called you dark side. Watching reruns on TV doesn't count as investigating cases so stop embellishing about your imaginary expertise. Fedup realist you sound more like Andrew Cuomo everyday, to paraphrase"If you don't agree with me, you don't belong here". This is my last post on this as I can no longer deal with the intolerance doled out to anybody who has a differing opinion.
joe thrapp January 28, 2014 at 12:22 AM
I'm sorry Darker Side. I did call you Dark Side. See you all again on March 19th. Goodnight.
TheDarkerSide January 28, 2014 at 01:36 AM
You're just a plant for the defense, Life after McCloud. You just proved it again. Now you're talking about how the defendants would have testified. Who do you think you're dealing with? You can't even keep track of your own BS. You must have been fun to cross-examine in court during your alleged career as a detective. I am actually starting to now believe you are related to one of the defendants. You're just making up spin as you go along at this point. You've been outed once again by a much better detective.
FedUpRealist January 28, 2014 at 08:39 AM
Oh, Dark One - good job again putting Mr. I wanna be relevant again/Life after PD in his place...He's part of the problem - an advocate for the PUNKS with quijones so small he can't bring himself to come clean...He thinks I want to inhibit his opinion...However, the fool doesn't realize that every time he speaks he reveals what a poor dicktective he (apparently) was...Free speech for everyone - especially the fools who expose themselves like a cheap detective suit!!!
James Barbon January 28, 2014 at 08:40 AM
So they would have testified to the "fact" that Mr W threw the first punch? This is from a detective? I sincerely hope you follow through on your promise to stop posting here. There is enough vitriol and hatred spewed forth here without having to add misinformation from a shill for these fine young men.
John Henry January 28, 2014 at 02:21 PM
Life after PD – I think the Huguely family from Chevy Chase could use your guidance and years of experience with their Defense. Their son George has an Appeal out for a new trial (Dec 2013 – Washington Post). George Huguely’s attorney in the past has unsuccessfully tried to state his brutal beating of the young women (and left to die) was not what killed the UVA coed (murder of his X-girlfriend). It started with a fight between the two of them and when George left her room, Yeardley was alive. It appears from his defense attorney that she was drunk and suffocated in her pillow, not from the brutal head trauma of his beating. George did not drink all day at his playing golf outing and as per his co-eds at UVA witnessed. I think your theory that everyone in this situation just need to make better calmer decision so that this did not end in tragedy for everyone involved. Maybe this Appeal will end up in a retrial, I am sure the good citizens of the Commonwealth of VA can see this case and his murder changes for what really happened (overreaction lack of dong the right thing with everyone involved). Maybe the charges will be lessoned to a felony charge. Hate to ruin this life of this aristocrat/ fine young man. We are raising “All American Bullies” Not All American Boys/Young Men. And NO I do not need a Law degree to read the Washington post and comment on it. Maybe every one should stop waiting to Sleezyday write a decent news story. Both the victim and the accused in the RC tragedy should COMMEND the neighbor who came out and broke up this Brutal Beating. If that man did not intervene this really could have gone worse for everyone! BTW I don’t think this is a lax thing/what a ridicules statement. This is a society not teaching OUR YOUNG MEN to be decent citizens/neighbors/human beings.
Letsgetreal January 29, 2014 at 06:44 AM
Why is it that "we" are raising american bullies? I think thatd first blatantly wrong and impossible for you to suppose based on one isolated incident in this town.
Nancy January 29, 2014 at 06:52 AM
When did this become a name calling blog for little boys? Stick to comments regarding the article. You are not going to agree with everyone.
FedUpRealist January 29, 2014 at 08:55 AM
C'mon Nancy, BIG women such as yourself can handle some negative discourse...Surely you understand this is free speech...If youn don't like it - STAY OFF!!!...Otherwise, hit the salad bar...
Will Munny January 29, 2014 at 09:16 AM
Gotta love it,there are no profile pics but you managed to discern that Nancy is a big woman. You have also said that I have a beer belly. I can't speak for Nancy but there is ZERO beer gut on this guy. Which one of the fat old guys who occupy the bar at RJ's for Friday happy hour are you? Haha....assclown
jack mckeon January 29, 2014 at 09:19 AM
Dear Neighbors: this "comment" section of THE PATCH provides a great service to the community - our thoughts, questions and complaints are immediately delivered to the intended recipients. What a tremendous tool. What does trouble me is some of the venom and rudeness that I see in some (not all) of the responses that I read. Regardless of the intensity of the issue at hand, there will always be issues that need work and attention by US - neighbors and colleagues trying to leave this world a little better than we found it. We should do so from positions of mutual respect, not in anger or mean spirited. That is not how we were raised, nor is it how we wish to raise our own children. To do otherwise is to provide the example we are trying to correct, to our own children who learn from our example and actions. Stay warm, in body and in your hearts, Jack McKeon.
FedUpRealist January 29, 2014 at 09:26 AM
Willie, oh Willie, surely you can comprehend my play on words after she intimated 'little boys'...Treat me GOOD, I'll treat you BETTER, treat me BAD, I'll treat you WORSE!!!
Will Munny January 29, 2014 at 09:52 AM
Ooohhhh....watch me tremble. So I suppose disagreeing with you counts as treating you bad? All I did was disagree with your idiotic and illegal position on how to approach the situation on Jackson Ave and ever since I've been subjected to your pathetic little insults. Whatever,keep obsessing over my every word and have a nice day jackass
Will Munny January 29, 2014 at 09:56 AM
Oh and here's a free tip genius....if you insist on being a tool and post under two different names,try not writing in nearly the same style with both names. It kinda makes it obvious...just sayin'
James Barbon January 29, 2014 at 11:32 AM
Relax Francis. Can you two just meet for a beer and have this out over a bunch of wings? Can this discussion get back to the topic, please?
That RVC guy January 29, 2014 at 01:58 PM
This discussion has deteriorated into such a train-wreck, Flava-Flav slowed down to take a look at it.
James Barbon January 29, 2014 at 03:07 PM
Good one. Finally a little levity here. Back to the show... I understand that the victims here are going to pursue a Civil case against the young men and their families. Particular attention will be made to the family who let them drink at their house prior to going out. This should send a shiver down the spine of the Kellys and every one else in town who allows kids to have a few beers at their respective houses.
Letsgetreal January 29, 2014 at 03:08 PM
Your play on words was hardly funny and easily perceived as offensive regardless of age. If thats truly how you treat your neighbors I'd assume you're wanted out of this town as much as you believe the roxen teenagers are.
Nancy January 29, 2014 at 04:40 PM
Your reply to my post proved my point FedUpRealist. What I meant by little boys is that you are acting like a child (and it wasn't a play on words), it had nothing to do with your size. I can assure you I DO NOT HAVE TO HIT THE SALAD BAR AND I WILL NOT STAY OFF THE PATCH, AND I WILL NOT REPLY TO ANYMORE OF YOUR IMMATURE COMMENTS.
Will Munny January 29, 2014 at 07:01 PM
Relax James,I just felt it was appropriate to put a bully in his place. Carry on.
Will Munny January 29, 2014 at 07:10 PM
Btw James,nice Stripes reference! I love that movie and Francis aka psycho is a classic character. Well done sir!
TheDarkerSide January 29, 2014 at 09:45 PM
The Patch announced today it will likely be closing all of its sites. Moments later the Roxen Road defense attorneys blamed the victims.
ahf January 29, 2014 at 09:57 PM
The PATCH in concept and model was great idea 3 years ago. If fact I was an client buying 7-8K per year in advertising,. I cut ties last August realizing it was a hugely mismanaged advertising venue as well as a community newspaper (:))) It was only a matter of time. Great idea...shitty management
That RVC guy January 29, 2014 at 10:57 PM
"I was an client". More likely, someone associated with the defendants. The Patch will be fine.
ahf January 30, 2014 at 09:18 AM
No sides, just truth. and a former client.
ahf January 30, 2014 at 09:19 AM
Oh...btw Read the news from a reliable source about patch/aol
KMACK January 30, 2014 at 11:06 AM
AHF, comment about the story or dont comment at all. Start a new thread to preach about how the Patch is managed. No one cares about what you spend/spent on advertising, but great job tooting your own horn guy.
Marc January 31, 2014 at 11:03 AM
All I know is if I'm walking the dog on a summer's night and I see a group of teens carrying twelve-packs, chances are better than not there's trouble brewing...
joe thrapp March 29, 2014 at 01:10 PM
The other two where sentenced to youthful offender status where their records are sealed. So if they go out and kick somebody else's head in the Roxen Road charges will not count against them. I hope the next victim does not suffer as much as Mr. W. because there will be another incident involving these 5 menboy's

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