Gang Assault Charge Dropped Against Roxen Road Defendants

The top charge of second-degree gang assault has been dropped against all five defendants in the Roxen Road assault case.

A spokesman for the Nassau County District Attorney’s office confirmed Thursday that along with the dismissal of the class E felony of gang assault, the charges of assault in the second degree have also been reduced to attempted assault in the second degree.

The charge of assault in the third degree remains in place for all five defendants, the spokesman said.

According to police, the assault happened when the wife of the victim was walking her dog on Nottingham Road and was verbally accosted by five to eight young men. She ran home and told her husband of the incident, and the two drove around the neighborhood looking for the men to demand an apology.

They found the group on Roxen Road, which is where the assault took place, police said. Neighbors who heard the disturbance called police at 11:55 p.m.

Police said the men fled before police arrived and Nassau County detectives were called in to join the investigation.

The man was transported by Rockville Centre police to Mercy Medical Center where he was treated for broken ribs, multiple contusions and injuries to the face and jaw.

The first two arrests came just three days after the assault when Diperna and Moore — both seniors at South Side High School at the time — were taken into custody.

A third arrest was made nearly one month later when a joint investigation by RVC and Nassau County Police led the departments to Coyle.

On Dec. 27, police arrested the final two defendants, Nelson and Kelly.