Diviney attacker sentenced to 10 years of jailtime

Austin Vantrease, charged for his role in the beating of West Virginia University student Ryan Diviney, received the maximum sentence Monday of 10 years in jail with the eligibility of parole in two years and was ordered to help pay more than $100,000 to the Diviney family.

Vantrease, 19, from Newark, Del., was sent to North Central Regional Jail Monday for his involvement in the Nov. 7, 2009, attack that left Diviney, 19, from Ashburn, Va., in a coma-like state.

In a July trial, Vantrease was convicted of a malicious wounding charge that carried up to 10 years in jail. During the trial, a witness said Vantrease kicked Ryan in the head while he was on the ground similar to how someone would punt a football.

Judge Russell Clawges said he had a lot of factors to consider with the sentencing and decided to leave the case to the parole board in two years.

Ken Diviney, Ryan's father, said the sentence would never be enough to remedy what his son has went through during the past year.

"You can't put a price on a child of your own. There's nothing I can do or say or be paid that would ever make it right," Ken said.

Ken showed pictures and video to the court of Ryan suffering through episodes where his brain misfires. Ken said he has watched his son die multiple times during the year and be brought back to life and that every breath he takes could be his last.

Robert Vantrease, Austin's father, addressed the court asking for a lighter sentence, because he said Austin has learned from his actions and has taken responsibility for what happened.

"Austin has never expressed any feelings of sorrow for himself or placed blame on others. He is simply not that person," Robert said.

Robert compared Austin's sister to Kari, Ryan's sister. She has been heartbroken without Austin in her life, Robert said.

Ken said it was not fair to compare experiences between the two families because the Vantrease family could still talk to and hug their child. Austin can live his life once he's free from jail, while Ryan would never be the same, Ken said.

Austin addressed the court with a prepared statement saying he would live the rest of his life as a "model citizen."

"I want everyone to know how sorry I am about what happened. I understand that there is nothing I can do or say at this point in time to allow you to forgive me, and I don't expect you to," Austin said.

"This experience has forced me to realize how incredibly fragile life can be, and every decision I make has the power to affect many peoples' lives."

Ken said he did not accept Austin's apology, and if he had his way, he would put Austin in the same position as Ryan.

James Zimarowski, Austin's lawyer, requested a new trial during the sentencing and was denied.

Austin was ordered to split a restitution of more than $100,000 between himself and Jonathan May, a second attacker who was sentenced in October.

May, 19, from Newark, Del., was sentenced to one year in the North Central Regional Jail for his involvement in the attack.