A trial date has been set for two Delaware residents charged in connection with the Nov. 7, 2009 attack of West Virginia University student Ryan Diviney.
Jonathon May, 18, and Austin Vantrease, 18, of Newark, Del., pleaded "not guilty" during an arraignment hearing Thursday for a malicious assault charge, which left Diviney in a coma.
A trial has been set for March 16 by Monongalia County Circuit Judge Russell Clawges.
May is being represented by Raymond Yackel, Esq., who said he met with May and his father in late December to discuss the charge.
May is "fully aware" of the nature of the charge and what is expected of him in the upcoming criminal trial proceedings, Yackel said.
Yackel asked the judge for additional time for the discovery process, which allows him more time to look over documents and evidence, because it was a complicated case, he said.
Vantrease, represented by James Zimarowski, Esq., waived his right to a preliminary hearing Jan. 12. Vantrease was aware of the charges against him, Zimarowski said during the arraignment.
Vantrease and May are each free on a $75,000 bond.
Diviney, a sophomore political science major from Ashburn, Va., was attacked Nov. 7 at 3:10 a.m. outside the Willey Street Dairy Mart, according to police reports.
May struck Diviney in the head, knocking him to the pavement; Vantrease then began kicking Diviney until he was unconscious, according to witnesses at the arraignment hearing.
Nearly 10 people were involved in the attack, which resulted from a disagreement over the World Series, according to the report.
Diviney is currently being treated at the Shepherd Center in Atlanta, which specializes in brain injury rehabilitation.
An upcoming surgery is planned for Diviney to reduce brain misfiring and help stabilize his recovery process by allowing medicine to reach the spinal fluids.
An update to Ryansrally.org, a Web site set up by Diviney's family, said he underwent an "evoked potential test" to determine his awareness.
"The test proved he hears sounds, and he senses light and darkness," the update said. "Unfortunately, there's no way of knowing if he can process this information yet. We only know it reaches the brain stem."
Ken Diviney, Ryan's father, said he would return to WVU once he was recovered.
Vantrease and May declined to comment on the matter.
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