Ashburn resident Ryan Diviney and his family will have to wait four more months for the men accused of beating him to be brought to trial.
Ryan Diviney |
On March 8, attorneys for Austin Vantrease and Jonathon May, both 18, of Newark, Del., succeeded in getting their malicious assault trials moved from March 16 to July 16.
Vantrease’s attorney also said he will likely ask for a change of venue for the trial, set to take place in Monongalia County Circuit Court in Morgantown, W.Va.
Vantrease and May are accused of being in a group of five to seven people who argued and fought with Diviney, 20, and two of his friends Nov. 7 in a convenience store parking lot near West Virginia University.
The investigation by Morgantown Police found that Diviney was punched and kicked in the head, leaving him in a coma with brain damage. Prior to the attack, the men allegedly argued over the World Series.
After spending months in hospitals in Morgantown and Atlanta, Diviney is at his home in Ashburn recovering.
He is in a state of minimal consciousness, close to a coma.
As the Diviney family awaits the trial of Ryan’s attackers, the Ashburn community continues to offer support.
The Dulles Little League, where Diviney once played, hosted a casino night event March 6 to raise money to help with Diviney’s medical bills.
Other residents are writing letters to the prosecutor in the case about what Diviney means to the community and how his being in a coma has affected them.
Their hope is that the letters will make it into evidence of the trials of Vantrease and May.
Diviney’s parents, Ken and Sue Diviney, regularly post updates about their son on a Facebook page titled “Come Together for Ryan Diviney.” The updates are also posted at http://www.ryansrally.org.
In a March 7 post, Sue Diviney said she was able to attend part of the casino night event.
“I wish I could have spoken and thanked each and every one of you, but was so overwhelmed by the support that I couldn’t get around before my emotions started to take over and I had to leave,” she wrote.
“We truly have the BEST friends and community! You really help us to face each day with new hope.”
To write on Ryan Diviney’s behalf, send letters to:
Prosecuting Attorney’s Office
Monongalia County Courthouse
243 High St. #323
Morgantown, WV 26505
Is there any reasons given about the trials rescheduling? I’m a criminal defense lawyer and I really feel sorry about this young guy.
Need to find a service to help my kid get back and forth. But it seems Morgantown and Maryland don’t connect.
.
The other defense attorney is:
Raymond H. Yackel
Law Offices of Raymond H Yackel
162 Chancery Row
Monongalia County
Morgantown, WV 26505-5440
phone: 304-296-8296
fax: 304-296-1524
Many of you are writing letters to the prosecutor’s office to let them know the consequences of Ryan’s injuries to not only him and his family, but to the community at large.
Below is the contact information for the attorney representing one of Ryan’s accused attackers.
Please keep in mind that even the devil’s attorney is not the devil. Criminal defense lawyers fulfill a vital role in our judicial system.
Defense attorneys can better fulfill their duty to their clients and to society by being more fully informed of the merits of the case. No doubt, Mr. Zimarowski has files full of police and medical reports, papers from the court, and papers from the prosecutor.
What he does not have is our experiences of the joy Ryan brought to our lives and the heartache we all suffer as Ryan fights on day to day.
All the attorneys in the case are making judgments regarding the possible outcomes of trial and considering appropriate settlement terms.
I would urge you to contact Mr. Zimarowski to explain our loss and why a harsher sentence for his client is more appropriate in this case than a lighter sentence.
James B. Zimarowski
Suite 200
265 High Street
Morgantown, West Virginia 26505
Phone: (304) 292-7492
Fax: (304) 292-7496
email: zimarows@mountain.net