The second-degree attempted assault charge against Matthew Diperna, William Moore, Kevin Coyle, Nolan Kelly and William Nelson was dismissed by Judge Christopher Quinn Tuesday, officials confirmed.
The five defendants are still charged with third-degree assault. The charge is a misdemeanor that could put them behind bars for up to one year if convicted.
In August, initial charges of second-degree gang assault were dropped and second-degree assault charges were reduced to second-degree attempted assault in the case.
Had the defendants been found guilty of second-degree assault, they could have spent up to four years behind bars.
The five defendants are accused of being responsible for a brutal beating that sent John Woythaler to the hospital for broken ribs, multiple contusions and injuries to the face and jaw, and a concussion, officials said. Woythaler, a soccer coach, approached the teens to demand an apology after his wife claimed they sexually heckled her as she walked her dog, reports stated.
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 reacted to being " chased down by a grown man" who allegedly got out of his car and grabbed one of the defendants, reported CBS.
Opening statements in the case began Jan. 7.
Previous stories on the Roxen Road assault:
- Roxen Road Victim, Witness Scheduled to Testify Thursday
- Roxen Road Assault Case Begins
- Police: Group of Teens Attacked Man on Roxen Road
- Gang Assault Charge Dropped Against Roxen Road Defendants
- Verdict Still Out in Roxen Road Assault
- Residents, RD React to Roxen Road Assault
- Mayor Murray: My Concerns on the Roxen Road Assault