Roxen Road Victim, Witness Scheduled to Testify Thursday

John Woythaler scheduled to testify after he was brutally beaten and hospitalized in June 2012.

Top Row (L-R): Matthew Diperna, William Moore, Kevin Coyle; Bottom Row (L-R): Nolan Kelly and William Nelson. (Credit: NCPD)
Top Row (L-R): Matthew Diperna, William Moore, Kevin Coyle; Bottom Row (L-R): Nolan Kelly and William Nelson. (Credit: NCPD)
The victim and a witness in the Roxen Road assault case are scheduled to testify on Thursday, officials said.

The victim, John Woythaler, is scheduled to testify Thursday in the case against five Rockville Centre teens accused of assaulting him. A witness from the incident is also scheduled to testify.

Woythaler was beaten on Roxen Road in June 2012 after he demanded an apology from the five defendants, who had allegedly made sexually suggestive comments to Woythaler's wife as she walked her dog, earlier reports stated.

The five Rockville Centre teens are accused of being responsible for the beating that sent Woythaler to the hospital for broken ribs, multiple contusions and injuries to the face and jaw, and a concussion, officials said.

While gang assault charges were dropped, all five defendants still face second- and third-degree attempted assault charges, according to the DA's office.

The testimonies are another step in the case against the five teens that has caused an uproar in Rockville Centre. The case began last week with opening statements.

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.

Meanwhile, defense attorneys claimed the teens were defending themselves against Woythaler.

You have a bunch of teenaged boys who are chased down by a grown man, and regardless of what the DA says that man got out of a car and grabbed an 18-year-old boy,” defense attorney John Lewis told CBS.

Previous stories on the Roxen Road assault:

mary January 22, 2014 at 04:51 PM
Doesn't guilty beyond a reasonable doubt really mean "How well can your lawyer twist the truth?" Asking for an apolgy is not a violent confrontation. And yes I am emtionally invested. I live in RVC and would like to feel safe in my neighborhood. This man has never been violent in his life. Check his record.Can you say the same for these boys? Or did I forget, we are not allowed to ask anything about them, only the victim can be torn apart. Let them take the stand or better yet why didn't any of them do the right thing and go to the police a say what really happened????????
NolaMetal January 22, 2014 at 05:16 PM
Yes, John Henry, we all have our opinions and points of view. I am not saying the defendants are without blame. I am saying the evidence presented at trial so far is insufficient to convict them of such serious charges. Also, I didn't say any of my points are "truths," and I know you won't believe me, but I don't know either of the parties and I don't live in the area. Yes, Mary, demanding an apology is not a violent confrontation by itself, but demanding one by immediately grabbing someone is not legal and without a doubt initiated the violent confrontation, as the videotape evidence revealed in court. Even if John was never violent before this, how does that refute the videotape of him physically initiating the confrontation? I don't pretend to defend the extent to which some of the defendants allegedly reacted, but this is not a clear cut case given the evidence, and it's shameful how the media and Kathleen Rice characterized and approached it.
mary January 22, 2014 at 06:21 PM
The video tape did not show that at all. Fact are facts. I believe you are completely misinformed.. Verdict is in 2 guilty 3 not guity.
joe thrapp January 22, 2014 at 09:20 PM
It's over for the trial. I wonder how the judge figured out Moore and Diperna were guilty and Coyle, Kelly and Nelson were innocent? Coyle, Kelly and Nelson are finished with this tragedy. If Moore and Diperna are lucky, Mr. Woythaler may not pursue a civil trial and saddle them and their families with a life long financial burden.


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