Two Delaware men will likely serve jail time after being convicted July 19 of severely beating an Ashburn man near the West Virginia University campus in Morgantown last November.
 Ryan Diviney |
Ryan Diviney remains in a state of minimal consciousness close to a coma following the Nov. 7, 2009, attack outside a convenience store.
After a four-day trial and more than six hours of deliberation, a jury found Jonathon May, 19, guilty of misdemeanor battery and Austin Vantrease, 19, guilty of felony malicious assault, according to media reports from Morgantown.
May faces up to a year in jail, while Vantrease faces two to 10 years.
The investigation by Morgantown Police found that Diviney, a WVU student and a Broad Run High School graduate, 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. Diviney was 20 years old at the time of the attack.
According to media reports, testimony at the trial revealed that May punched Diviney, knocking him to the ground, and Vantrease kicked him in the head. Diviney never threw any punches.
Both May and Vantrease were charged with malicious assault, but only Vantrease was convicted of the charge. May was convicted of misdemeanor battery, a lesser charge.
Sentencing has not been set yet. May is free on bond, while Vantrease is in a West Virginia jail.
Diviney spent several months in hospitals in Morgantown and Atlanta before returning home to Ashburn earlier this year.
In April, Diviney was taken to the Center for Brain Injury Rehabilitation at the Kessler Institute in New Jersey.
Since then, he has been in and out of other New Jersey hospitals for surgeries and illnesses.
How to help
Ryan Diviney’s friends in Ashburn will hold a carwash from 9 a.m. to 2 p.m. July 24 at the Ashburn Firehouse to raise money to help cover his medical bills.
You can also make a donation at ryansrally.org and follow Diviney’s progress by joining the Facebook group, Come Together for Ryan Diviney.
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Sad to think that people in the armed forces are out there fighting for the freedom & rights of scumbags like Vantrease and May. These two pieces of crap should have to volunteer 8 hours a day, five days a week in a rehab facility, and be made to feed, bathe and wait on disabled folks hand and foot for the length of their sentences. I’ll bet their parents are real proud of them!
Prison is too good for these two, with prison there is hope and a light after 10 years where they will be out in there 30’s. A solution would be to give a lobotomy to each causing them to have there lives cut short as the victim . They can the rest of there lives in a brain altered state then there parents can spend the rest of the time having to take care of them 24/7 at least they will no longer be violent !!!!!
I personally wouldn’t be ok paying for these two to be in prison for life. They robbed him of his life, be gone with them! No need to be kind (big problem with our judicial system) These two deserve the worst kind of punishment possible, have their lives robbed of them.
They both deserve life in prison which is kind considering what they did. Ryan has had no life since the attack and neither should they. They attempted to kill him and so should be convicted on that charge. I will keep Ryan and his family in my prayers.
They both should be taken outside and drop kicked in the head until they both are in a come. Eye for an eye.
I just spent the last hour reading updates on ryansrally.org and just cannot believe this is the only punishment these two get. They should be made to volunteer at a hospital in similar units to see just what they have robbed this boy of, make them see it everyday that they get to carry on and this gentleman must continue to fight, not only did they rob him of “normalcy” but they robbed his family. Their punishment is no where near what it should be. My thoughts are with this family! Go team diviney!
The crimes prosecuted and the lengths of the sentences hardly seem consistent with the results of their actions, compared to sentences for homicides. Could they still be tried for attempted homicide? If Ryan later dies as a result of their actions, can they be prosecuted for murder or would that be considered double jeopardy?
This was a senseless, horrific act of violence that was committed on a young man who had his entire life ahead of him. He has been robbed of all the hopes and dreams he had for his life. He was just starting out, a freshman in college, away from home, and he was ganged up on and visciously assaulted. He never stood a chance because he was by himself. Equally as tragic, Ryan’s parents, sister, family members and friends have had to watch Ryan suffer in agonizing pain, and endure pneumonia, seizures and a myriad of other serious medical problems. His father had to quit his job, and the whole family relocated to New Jersey in order to stay with Ryan and take care of him. Ryan’s family has not heard him speak or smile in over seven months. The Ashburn and Morgantown communities (and beyond) have joined ranks to surround the Diviney family with love, encouragement and prayers. Please visit them at either www.ryansrally.org, or on Facebook at “Come Together for Ryan Diviney.” They need all the help our community can give them. Thank you!!!
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