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Both men convicted in Diviney assault

Published: Tuesday, July 20, 2010

Updated: Wednesday, July 21, 2010 00:07

Diviney

Chelsi Baker/The Daily Athenaeum

Austin Vantrease testifies in front of the jury during the trial for the Ryan Diviney assault case. The jury later found Vantrease guilty of malicious assault.

Two Delaware men have been found guilty in connection with the Nov. 7, 2009 beating of Ryan Diviney, a West Virginia University student who remains in a coma in a New Jersey Hospital.

The jury of eight men and four women convicted Jonathan May, 19, of misdemeanor battery, and Austin Vantrease, 19, of felony malicious assault. They reached the verdict Friday.

The charge against May caries a maximum sentence of one year, while Vantrease could spend up to 10 years in prison according to West Virginia Penal Code.

They were tried last week at the Monongalia County Courthouse in front of a 12-member jury and "quite the audience" as noted by presiding Judge Russell Clawges.

The jury began deliberations at 4:30 p.m. Friday and decided to break for the weekend at 7:30 p.m. They continued Monday until the verdict was announced.

Benches for the defense were nearly filled with friends of May and Vantrease, some of whom were there the night of the altercation.

The benches for Diviney were also filled, with his father Ken Diviney and sister Kari sitting together with friends and family, some donning "Team Diviney" T-shirts.

Both Vantrease and May took the stand in their defense.

Video surveillance of the incident at the Willey Street Dairy Mart was reviewed several times over the course of the trial.

Witnesses of the fight, Jessica Guay and Jordan Laudeman, friends of May and Vantrease, testified about what they saw the night of the incident.

Guay and Laudeman were also the pair that called 911 after seeing Diviney seizing on the ground that night, but left before the ambulance arrived on the scene.

Guay testified that she heard Diviney say "I want to fight you one on one."

She also said May punched Diviney then Vantrease kicked him in the head once he was on the ground.

"Directly as I made contact, I knew it was ridiculous that I did that," Vantrease said during his testimony. "I regretted it from the second my foot hit him. I knew I shouldn't have done that. He was already on the ground ... It made me feel horrible. I basically didn't speak all night."

Vantrease testified that Diviney, May and himself were not part of the original fight between their groups of friends.

He said the two groups passed each other going opposite directions and kept walking, then when he heard yelling, he turned around and went back toward the commotion between one of his and Diviney's friends.

When Prosecuting Attorney Marcia Ashdown asked Vantrease, "Did you and Jonathon May cause every injury to Ryan Diviney?"

Vantrease replied, "I believe so."

He is currently being held at the North Central Regional Jail while May remains on Bond. No date has been set for sentencing.
 

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10 comments

Anonymous
Sun Jul 25 2010 19:06
Couple accepting thousands of academically sub-par students with a laughably high acceptance rate, an abundance of bars, and a tax base/business class that refuses to foot the bill for extra police foot traffic and fights happen.

I feel as though WVU hasn't done enough to acknowledge what happened here. Apparently its better to forget than have bad press with a teachable moment.

no thanks
Sun Jul 25 2010 13:55
"Diviney shouldn't have put himself in that situation to begin with."

So he should have just spent his college years quarantined in his dorm room to avoid going out and getting beat within inches of his life? From the facts that have come out at trial, it was agreed by both sides that Ryan was not the one in his group to make a comment, nor were the two convicted the two that initiated the conflict. Hindsight is 20/20, but to say that he shouldn't have put himself in that situation is disingenuous. Fights do happen, and sometimes people do open themselves up to confrontation. But that doesn't negate what happened. No one deserves that fate that Ryan has now been given.

Anonymous
Fri Jul 23 2010 14:14
Fights like these happen every weekend in morgantown. This is just the rare case that went too far.

I'm glad they are being punished to set an example for people who like to get in fights but Diviney shouldn't have put himself in that situation to begin with.

Anonymous
Fri Jul 23 2010 10:37
Patchy- You're right, 'Team Diviney' is NOT a football game or American Idol. Team Diviney is Ryan's friends, family, and community doing everything they can to support the Diviney's through this nightmare they must live through. The name was put on t-shirts, that represented Ryan's passion for sports, made a few weeks after his attack to be sold at fundraisers in order to raise money for the Diviney family after they were suddenly faced with IMMENSE medical expenses after the incident. Ryan's friends, family, and community have been wearing these t-shirts regularly for 8 months now to continue showing their support for the Diviney family and make donations while they try and get by each horrific day. So no, they were not wearing these t-shirts at the proceedings to " inject themselves". They were wearing them in court, again like they have been for 8 months, to continue their support for the Diviney family as through one of the most terrifying days of their lives, as they had to sit and listen to the men that put their son into a coma. They deserve any and every support out there after what they've been through.
Anonymous
Fri Jul 23 2010 07:10
Ryan's life as he once knew it is gone -- crushed, broken and gone. And why? What reason is acceptable for this darkness and pain that has become his life? He was once a happy go lucky student at West Virginia University, just enjoying life and starting out on the road to independence. All that has been taken away from him forever.Thank you to the wonderful people of Morgantown, West Virginia, who went out of their way to assist, encourage and support the Diviney family throughout this ordeal. Mogantown is an exceptional community full of generous, caring people. The kindness they demonstrated throughout this horrible situation will never be forgotten.
Anonymous
Thu Jul 22 2010 15:47
Do we know exactly what the delay was? Perhaps the prosecution or defense requested more time to interview more witnesses, build a stronger case, etc. It's also possible they were waiting to see if Ryan improved or worsened. Had he died as a result of his injuries, the two would have been facing much greater charges. If that were the case, since they have already been found guilty, my understand is that they can not be charged with manslaughter now without risk of double jeopardy.
Anonymous
Thu Jul 22 2010 15:45
truth.
Anonymous
Thu Jul 22 2010 12:52
It is pretty obvious that Morgantown officials are more concerned with pretty crimes like underage citations and noise violations than they are about prosecuting a heinous act of violence.
Anonymous
Thu Jul 22 2010 12:16
Agreed! Think about the medical expenses.
Patchy
Thu Jul 22 2010 07:58
'Team Diviney?' This isn't a football game or American Idol. The best way to show dignified support for the permanently injured victim is simply to be present, not to inject oneself into the proceedings.

Beyond that everyone - resident or student - should be very concerned that it took so long for Mon County to pull its finger out and get this case to trial. 9 months after the fact is far too long. Imagine if you had a family member with grave injuries - 3/4 of a year is an appalling delay considering the usual caseload (DUIs, petty crimes) of the court.







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