Austin Vantrease, one of two men convicted of putting former West Virginia University student Ryan Diviney in a coma-like state in 2009, is asking to be transferred to a correctional facility or released on parole.
Vantrease is currently serving a 2 to 10 year sentence for a felony malicious assault charge at North Central Regional Jail in Greenwood, W.Va. He is asking to be transferred to the Anthony Correctional Center in Neola, W.Va. or released on parole, according to court documents filed last week.
Anthony Correctional Center is designed for offenders ages 18 to 23, serving six month to two year sentences. After release from the center, Vantrease would be placed on a probational period lasting up to five years.
"He's asking to not go to state prison. It's my understanding the correctional center is not as intense," said Ken Diviney, Ryan's father.
The hearing will be held on May 16 at 1 p.m. by Judge Russell M. Clawges, Jr. at the Monongalia County Magistrate Court.
"He is trying to get moved to a facility for criminals like him," said Daniel Brewster, the Diviney's family friend and sociology professor. "They say it's a facility that would better rehabilitate him to get him back into normal existence."
On Tuesday, Ken posted to his blog about Ryan's condition. He is showing signs of progress according to recent brain scan readings, said Sue, Ryan's mother.
"They said the qEEG from (January to April) was very different. It looked like a different person," Sue wrote. "We shouldn't jump to any conclusions, but he is showing signs of recovery."
Ryan, a former WVU sophomore from Ashburn, Va., was brutally beaten on Nov. 7, 2009 at 3:10 a.m. outside of the Willey Street Dairy Mart.
The other man charged in the case, Jonathon May, was charged with misdemeanor battery.
May was sentenced with one year in prison at the North Central Regional Jail and ordered to pay $75,000 in restitution.
For more information on Ryan Diviney and the Diviney family, visit http://rallyforryan.wordpress.com.
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