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WV Board Denies Parole for Diviney Attacker

Previously a federal judge rejected request to shut down Diviney website; and the community continues to help the family.

The West Virginia State Parole Board this week denied Austin Vantrease early release from his 2- to 10-year sentence for his role in a Nov. 7, 2009, attack on Ashburn resident Ryan Diviney.

Vantrease’s hearing was held at the Huttonsville Correctional Center, a maximum-security prison in West Virginia where Vantrease is serving his sentence.

The November 2009 incident allegedly started after someone made a comment about a baseball game. Vantrease and May were convicted for a brutal beating near the West Virginia University campus that left Diviney in a coma-like state. Diviney, who attended Broad Run High School, requires constant care from his family.

A jury found Vantrease guilty of felony malicious assault and May of battery. May served a one-year in jail and was released in April 2011 after serving seven months. Vantrease received a 2- to 10-year sentence, and the parole hearing was his first opportunity for release.

Diviney’s friend and college roommate, Brian McLhinney, was also injured in the attack. McLhinney and Diviney were knocked unconscious, at which point Vantrease began kicking Diviney in the head.

Ryan Diviney’s father, last year against six men they claim were involved in the attack, to include Vantrease and May. That trial is scheduled for next summer.

Vantrease previously sought to have Ken Diviney restricted from posting information about the case on the Ryan's Rally website about his son because it could influence the jury in the civil case. A federal judge rejected the request.

“I was personally offended that my voice was trying to be silenced, let alone by those I believe are accountable for my son's extreme injuries,” Ken Diviney said in a recent email. “It's never been my objective to influence a jury. Not once did this cross my mind. I am convinced that the facts of the case should do that just fine. There is absolutely no one in this world that wants a fair trial more than I.”

The , participating in numerous fundraisers and helping whenever possible. Earlier this year, donated the construction of a kitchenette to help the family care for Ryan.

“This is a company that cares, beginning with the owner, John Ronay,” Ken Diviney said in a recent email. “They did so much for us in better taking care of Ryan. I am thankful for them each time I use the kitchenette many times daily. Their generosity and superior craftsmanship has improved our situation tremendously.”

Learn more about the kitchenette project online. Also visit Ryan's Rally Facebook page and the Ryan's Rally website.

Vantrease will again be eligible for parole in a year.

Donnmaria Killinger August 31, 2012 at 01:34 AM
If Diviney will need constant care for the rest of his life by his family than WHY should Vantrease ever be eligible for parole and be allowed to have a regular life when he denied Diviney a regular life?
Dusty Smith August 31, 2012 at 05:55 AM
I don't think you're the only one asking that question, Donnmaria.
Donnmaria Killinger August 31, 2012 at 06:58 PM
I may not be the only one asking that question Dusty but why wasn't the Judge thinking along that same question when he pronounced Vantrease's sentence of 2 to 10 years. Seems awful lenient for someone who has robbed a young man of his future as well as his dreams. In 10 years, is Diviney to miraculously recover? How will he regain those 10 lost years taken away by Vantrease. I don't think so. While Vantrease is a guest of the State, at our expense, he may very well be living better in prison than he ever did while free. Also, he has access to training to learn a trade and/or high schools or college classes to improve himself if both are offered at his facility. In 10the years
rebelgirl April 04, 2013 at 03:52 AM
This guy needs life in prison! And why is May out?? He should have life too!!

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