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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:

Billy Times January 16, 2014 at 01:33 PM
18 year old boy? (As stated by defense attorney John Lewis.) Nice spin, but they're old enough to put rifles in their hands and fight for our nation overseas. They're men.
Kim DelVecchio January 16, 2014 at 02:29 PM
That's what these Scum lawyers are trying to do. Portray these young MEN as Little boys and that a big grown man who is 160 pounds soaking wet started in with all 5 of them. Unreal!! Can't make this crap up. Nice Spin Lewis and Degarabedian.
Jacque Strap January 16, 2014 at 03:30 PM
AND, that's what many freinds of these white trash families want everyone to think - that these are just little boys...Sorry, once you throw a punch (or a kikck to the head) you lose the 'just a kid' excuse...I say fry these punks!!!
mary January 16, 2014 at 06:06 PM
If nothing else comes of this, these boys and their parents heard from the victim himself today. The truth, not an 18 year old drunken version of the events that happened that night. They had to be horrified by the true story today or they have no conscience. The level of violence is horrifying.
Dave Kloven January 16, 2014 at 09:59 PM
I have been a resident of RVC for nearly 50 yrs.. This whole incident disgusts and saddens me.. I am sorry the Woythalers had to endure this and pray these kids get some jail time.. This incident has torn a hole in our community
ahf January 17, 2014 at 08:06 AM
I agree with Klovens last comment. Still curious...why is Quinn the judge on this case???? Sorry, but i am a skeptic and a realist. If these kids walk.it will send a horrible message . It will be only a matter of time before similar incident occurs
NolaMetal January 22, 2014 at 12:40 PM
How many people have actually reviewed the evidence rather than make assumptions based on faulty reporting? Funny how the author and the bloodthirsty commenters make no reference to the videotape that shows how John Woythaler initiated the physical confrontation by forcibly grabbing one of the defendants within 5 seconds of jumping out of his car. If someone grabs you in a threatening manner, you have every right to defend yourself against the aggressor. Did John have the right to demand an apology even though he didn't know these males said anything to his wife? Sure. But he had no right to assault one of the defendants in the process, and thus initiate the fight.
John Henry January 22, 2014 at 03:34 PM
Really NolaMetal, so your sticking by what the attorney said. The man went looking for a ass whopin and got one - something of that nature. How about what they called his wife, thank God for his neighbor who tried to peel the boys off the victim, who knows when the beating would have stopped. Let's make sure everyone reads the entire transcript of this case. It will only confirm that the boys are thugs, then bragged about it! I am sure those files will be sealed so to make sure the future of these fine boys will not be tarnished. What a Joke.
NolaMetal January 22, 2014 at 04:02 PM
No, I'm sticking by what the evidence shows. The evidence does not show they said anything to his wife; at most the evidence shows that they were part of a group in which some individuals said things. On the stand, Mrs. Woythaler admitted herself that she couldn't say whether the defendants said anything to her before she and her husband tracked them down. Regardless, nasty and vile comments do not warrant a violent confrontation. The files will not be sealed, and you are free to observe the case in court like the rest of the public. Labeling the defendants as thugs, despite the evidence, shows how emotionally invested you are in having them convicted, regardless of whether the evidence proves their guilt beyond a reasonable doubt.
John Henry January 22, 2014 at 04:47 PM
Your interpretation of the evidence is your truth, your leaving many parts out to show your point of view, understandably you probably know one of the boys and his families. I am glad you have gotten to speak out and promote your agenda. I suppose that is what we all do here, have our voices heard. I could also point out many things that were said during this trial that prove my beliefs. The victims medical records of the beating, eye witness accounts. These boys had/have have no moral fiber, it is sad for them. They are missing out on what really important in life. This is sad for everyone. What happened to the victim and his family is inconceivable. What is going on in our society that young men would act in this manner and the victim is to blame? This is a terrible example for the future of and young man if this is the acceptable norm. If your going to spout minimal pieces that your choosing to pull out of the entire 3 weeks of testimony don't call them "Truths".
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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