Dec 22, 2014 2 min read

Charges were withdrawn Monday against two members of an anti-violence group after the man they are accused of assaulting failed to appear to testify against them at their preliminary hearing.

Nikole Ardeno, 30, and Emanuel Velez, 30, both of 595 E. Maiden St., Washington, were accused of assaulting 36-year-old Joshua Magraff as he walked in the 1000 block of Jefferson Avenue Oct. 28.

Ardeno reportedly stopped her car and punched Magraff in the head through the window. Velez reportedly got out of the passenger side and punched Magraff in the head, knocking him to the ground. Both allegedly kicked Magraff as he lay unconscious on the sidewalk. He was taken to UPMC-Mercy hospital in Pittsburgh for treatment.

When police stopped Ardeno, she was wearing a Stop the Violence T-shirt she reportedly wore during a rally against violence the previous day. She was identified as a co-coordinator of the Stop the Violence group at the time of her arrest, while Velez also was reportedly a member of the group.

Assistant District Attorney Josh Carroll told District Judge Robert Redlinger the prosecution was not able to locate Magraff for Monday’s hearing and asked to withdraw the charges.

Sam Pangburn, the defense attorney representing Ardeno, told Redlinger he understood Magraff was a resident of North Carolina and returned to that state. He told the judge his client wants to get on with her life.

Robert Perkins, representing Velez, said his client was suspended without pay. He said Velez works in social services.

“This is preventing my client from making a living,” Perkins said.

After the proceeding concluded, the prosecution located a possible telephone number for Magraff, who at one time lived with Ardeno and Velez. Attempts will be made to contact him to determine if he wants to proceed with the case. If so, city police will likely refile the charges.

Both Ardeno and Velez were free from Washington County jail after posting bond.