May testified in his own defense.
By Stacy Moniot
Email | Bio | Other Stories by Stacy Moniot
MORGANTOWN — Ryan Diviney may never come out of a coma after the beating he suffered on Nov. 7, 2009 in Morgantown.
The trial of Jonathan May and Austin Vantrease, the two men accused in the beating, continued Thursday, with May taking the witness stand in his own defense.
May was 18 years old at the time and a freshman at West Virginia University. He told jurors that he had been drinking earlier in the evening, but wasn’t “under the influence” by 3 a.m., when he and his friends met Ryan Diviney and his friends at the Dairy Mart.
May said he doesn’t know who started the taunts about sports teams that night, or why, but it quickly escalated into a screaming match between the two groups of friends.
There is also another person that’s shown in the surveillance video with May and his friends, eventually backing Ryan Diviney out of the camera’s view.
May told the jury he’d tried many times to identify that person, but was still unable to remember their identity.
Earlier in the day, both the prosecution and defense called doctors from Ruby Memorial Hospital to testify to Ryan Diviney’s injuries, and just how he could have received them.
The defense team called Dr. Julian Bailes, the head of neurosurgery at WVU Hospitals.
Dr. Bailes told the jury that when Ryan was brought to the hospital, he had a cracked jaw on his right side, and skull fractures on the side and rear of the left side of his head. Dr. Bailes called those injuries the footprint of a “horrific” blow to the head.
Doctors found bleeding in Ryan’s brain right below the skull and under the lining of the brain along with severe bruising. Dr. Bailes testified that the most likely cause of those injuries is falling from a standing position, especially onto something like the raised grate in the Dairy Mart parking lot, but a kick with enough force behind it, like a punt, could have also done the damage, especially if the person wasn’t defending themselves.
Doctors didn’t find any defensive wounds like scrapes or bruises on Ryan’s hands or arms after that night.
Dr. Bailes said whatever improvement Ryan has made in a year, will be all the improvement he’ll make in his life. Ryan remains in a comatose state in a New Jersey hospital.
May’s co-defendant Austin Vantrease told Judge Russel Clawges that he will also take the stand in his own defense.
After his testimony, the jury will decide on a verdict.
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Gail Doyle says
Ken Is there anything we can do to get the ads back on ? Some of them were of interest to us and offered advice .Wish more ads were on Let us know if we can help in any way.
I’m working on it, but Google Ads is probably not an option any longer.
Ken, Sue, Ryan and Kari,
I have heard the same story. One year out and that is what you get. Well just to prove them wrong, Courtney is 14 months out and Monday started to answer yes-no questions with a thumbs up or down. She also ate ice cream for the first time yesterday. So Ryan take comfort, your family is doing everything possible for you. You are progressing, your brain is healing and God is in control! Still here, Still praying. Love Courtney and Becky
Ken and Sue,
As we have shared with each other, doctors are mere mortals, “predicting” the outcome from statistics. What they do not take into account is the intangible aspects of a persons will to live, internal fight, or as you put it “built with the right stuff”. He has it, and I have seen personally the living proof of his will to show the doctors they were wrong. There is no greater feeling than have been told what the predicted outcome of a medical situation will be and proving them wrong. I know and Ryan will know~
Lori Beebe says
SHSP every day and will never forget what these animals did to your wonderfully funny and sweet Ryan. Love and prayers are sent up for you every day Ken, Sue, Kari and Ryan ~ xoxo
Please allow Ken to have the ads put back on his page. In case you had any doubts, there are many of us who were getting helpful info from these ads. I really wish you would take this into account and restore the ads to the blogsite.
I love Ryan far more than any feeling I have for those two cretins. I ache that these awful memories cause such sorrow and pain. I fully believe in the continued healing of Ryan, and I thank God to know you, Sue, Kari and Ryan. Still here, still praying, still loving you all…Paula
Carla Liberty says
Just a few thoughts for you today:
S – SHSP
E – Endlessly
N – NGA
D – Donate to Ryan’s Rally, it is:
I – Integral, so we will
N – Never Give Up, as we
G – Got your back
H – Hoping
U – Understanding
G – God loves you, and
S – So do we
That’s beautiful, Carla.
We love you, Diviney family!!!
Gail Doyle says
Carla ,Just beautiful. So perfect
Here and praying.
Prayers to the Diviney family for having to re-live the trial.
Still here, never forgetting.
Gail Doyle says
Ken, So very sorry you have to relive such horrific testimony from these animals ,but also very glad Ryan is proving the Drs words wrong ,From what i read in your blogs and the pictures I’ve seen of Ryan ,he looks likes he ‘s making excellent progress and very improved from last year .Still here and waiting for Ryan to get better and better …I feel he will too …Say hello to Sue ,Kari and of course Ryan Praying for you all everyday..
KERI DEZELL says
“Whatever it takes. We got this… and know, without a doubt, we got YOU.” Always, Forever and Until.
In love, in Faith and in Prayer,
Keri, My Frankie and Family
Jane Martellino says
We’re not forgetting.
We’re also thanking God that Ryan is proving that doctor wrong by continuing to make strides in his recovery. Keeping the faith. Stay strong, Divineys — you got this <3