Ken Diviney, the father of former West Virginia University student Ryan Diviney, along with Brian McLhinney, a close friend of Ryan's, have filed a civil suit in connection with the 2009 beating that left Ryan in a comatose state and McLhinney injured.
The lawsuit, filed in Monongalia County Circuit Court, names Austin Vantrease, Jonathan May, Colin McKeefery, Brandon Groux, Tyler Husfelt and Alexander Woods as defendants. According to the suit, other individuals could be named later.
Ryan and McLhinney were attacked at approximately 3:10 a.m. on Nov. 7, 2009, near the North Willey Street Dairy Mart in Morgantown. The altercation resulted from an argument about the World Series, according to police reports.
May and Vantrease were convicted for their roles in the attack. May was released after serving less than one year in prison at the North Central Regional Jail for battery and lives in Delaware, according to the lawsuit.
Vantrease is currently serving a two to ten year sentence for felony malicious assault at North Central Regional Jail. His request to be transferred to a correctional facility or released on parole was denied this summer.
After their convictions, both May and Vantrease were ordered to pay restitution to the Diviney family. According to Ken, neither attacker has made any attempt to do so.
"They haven't shown any goodwill," Diviney said. "They haven't paid a cent of 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."
Ken said he felt he was forced to file the lawsuit, saying he was out of options.
The lawsuit alleges Vantrease and May "willfully and/ or maliciously" caused Ryan's severe injuries, and McKeefery, Groux, Husfelt and Woods "substantially encouraged" the physical altercation and prevented Ryan from escaping.
According to video evidence shown during the criminal trials of May and Vantrease, Ryan attempted to back away and leave the scene prior to the attack.
The video shows May punching Ryan when he was not looking, causing him to become unconscious and fall, hitting his head on a metal grate.
According to an eyewitness, Vantrease then kicked Ryan in the head "like punting a football."
Ken said his son remains in a coma-like state at their Ashburn, Va., home, where he requires round-the-clock care.
is a member of the 
Be the first to comment on this article!