Fight in Colonie park leads to felony assault charges

PHOTOGRAPHER: Justin Mason

Police said a pair of teenagers are facing felony assault charges after they attacked a Colonie High School student following a fight that occurred in a park earlier this month.

Jose Martinez, 18, of Downing Street in Niskayuna, and Cody Rothaupt, 17, of Bonner Avenue in Colonie, were each charged with second-degree felony assault after the fracas in the Maywood pocket park on Dec. 11. Investigators said Martinez and Rothaupt were among about two dozen teens at the park when a prearranged fight occurred after school.

As the fight began to break up, Martinez allegedly punched one of the 17-year-old participants in the back of the head and shoved the boy back into a pit area where they had been fighting, according to police. When the boy fell down, Rothaupt allegedly began kneeing him in the face, causing significant injuries.

The victim sustained a fractured eye socket, a cut to his nose, a bruised eye and two chipped teeth. Colonie Police Lt. Robert Wynn said the assault seemed to go beyond the normal fights that tend to break out at area schools.

“This was a high school fight that unfortunately went over the line and resulted in injuries,” he said.

Wynn was unsure what sparked the initial scrap or what prompted Martinez and Rothaupt to get involved. He said the entire incident was recorded by one of the onlookers and police were able to seize video footage of the attack.

“We do have a copy of the video in our evidence,” he said.

Wynn said the participants in the first fight were not charged because there were no injuries. Martinez was arraigned in Town Court on Monday and taken to the Albany County Jail where he was later released; Rothaupt turned himself into police on Friday and was also later released.

“In this case, they decided to have the fight off school ground,” Wynn said. “And unfortunately for everyone involved, there wasn’t someone to break it up.”