Ryan Diviney’s Family, Friend File Civil Suit Against Attackers

While life for one of the men convicted in the November 2009 beating of Ashburn resident Ryan Diviney may well be getting back to normal and another may walk from jail a year from now, Ryan’s life remains forever changed by a senseless and brutal beating. And his father has filed a lawsuit in an attempt to have those responsible pay for their actions.

Ryan remains in a coma-like state nearly two years after the incident, while Austin Isaac Vantrease and Jonathan May prepare for the rest of their lives. Vantrease remains in a West Virginia prison, convicted of kicking Ryan in the head as he lay on the ground following a punch to the head by May.

May was sentenced to one year for his part and served his time in jail, while Vantrease received a sentence of up to 10 years. In West Virginia that means Vantrease could walk free on parole after serving just two years of his sentence. Both attackers were 18 at the time of the incident, while Ryan was 20.

In addition, Vantrease was ordered to pay more than $100,000 in restitution plus court fees. Meanwhile, the Divineys struggle to care for their son and keep up with medical bills.

“They haven’t shown goodwill,” said Ken Diviney in a statement sent to the media. “They haven’t paid cent of the court-ordered restitution. They’ve made no efforts to help. Sadly, they show no remorse. These men have an obligation to my son and family.”

Ryan requires round-the-clock care and the Divineys have been the recipients of numerous acts of kindness from the community, including the planned White Out this weekend during the Broad Run/Briar Woods football game.

According to numerious news reports from the trial, the confrontation started after an argument about baseball. Two groups of young men began arguing in the near the North Willey Street Dairy Mart in Morgantown, WV, where many of them either attended West Virginia University or were visiting friends there.

A video surveillance recording captured much of the incident, and Vantrease admitted kicking Ryan.

The lawsuit – filed by Ken Diviney and Brian McIlhinney, who was with Ryan and also injured on the night question – names four other men who reportedly prevented Ryan from walking away from the altercation: Colin McKeefery, Brandon Groux, Tyler Husfelt and Alexander Woods, all of Delaware.

A specific amount was not requested in the lawsuit other than it be “in such amount in excess of this Court’s minimum jurisdictional limits as will provide fair compensation for the plantiff’s injuries … interest, their attorney’s fees and costs, and punitive damages to punish and deter such future conduct.”

The Divineys have spent hundreds of thousands of dollars on Ryan’s care.

Read this December 2010 story from the Washington Post about the Divineys and the ordeal.

Visit the Ryan’s Rally website here and Facebook page here to learn more or to donate.