Thank you for allowing me to tease you. I so badly wanted to tell you what was going down, but I simply could not. I needed to wait until the mail and legal system took the necessary steps. We all know by now there is precedent where people go into hiding to avoid their consequences. In other words, they needed served with the complaint from the court before I could tell you.
<via essential love.tv>
It is my fundamental belief that Ryan holds a lien on the lives of those accountable for his injuries. Yes, these thugs — whether they realize and accept it or not — are fully indebted to my son. They amassed a heavy financial, moral, and ethical burden. Simply put, if Ryan does not fully recover they will forever owe. Who knows if we will ever see a cent? Based on their track record, it is far from certain. Probably unlikely. Still, acting on principle is never wrong and Ryan is, indeed, a man of principle. He believed in fairness so much that he wanted to be a judge.
Ryan, this is for you, buddy.
Official Press Release
FOR IMMEDIATE RELEASE:
Suit Filed Against Group in Brutal Attack of WVU Student Ryan Diviney
Morgantown, West Virginia – August 27, 2011 – Ken Diviney, Ryan Diviney’s father, and Brian McLhinney, Ryan Diviney’s friend, filed a civil lawsuit this week in connection with the 2009 beating in Morgantown, WV, which left Ryan Diviney comatose and McLhinney injured.
Ken Diviney and McLhinney filed the lawsuit in Monongalia County Circuit Court in Morgantown, WV, against Austin Vantrease, Jonathon May, Colin McKeefery, et.al, all of Newark, Delaware area. Other individuals could be named in the suit later. A jury trial was requested.
Vantrease and May were convicted in a 2010 jury trial in Monongalia County in connection with the attack on Ryan Diviney, which prosecutors said began after an oral argument about the World Series. Vantrease is currently serving a two-to-10 year sentence for malicious assault. May was convicted of battery and completed a one-year jail sentence.
The lawsuit alleges that Vantrease and May “willfully and/ or maliciously” caused Diviney’s severe injuries.
In addition, the lawsuit alleges that McKeefery, et. al, “substantially encouraged” the physical altercation and prevented Diviney from escaping. Video evidence from the criminal trial shows Diviney disengaging and back peddling from the aggressors before the attack. Without provocation, May punched Diviney when he was not looking and it sent him unconscious to the ground where his head struck a metal grate. As described by an eyewitness, Vantrease then ran over and kicked Diviney “like he punted his head like a football”.
Ken Diviney said he felt he was forced to file the lawsuit, saying he was out of options.
“They haven’t shown any goodwill,” Diviney said of Vantrease and May. “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”.
The Divineys continue to care for Ryan at their Ashburn, Va., home. Ryan remains in a coma-like state and requires round-the-clock care.
Contact: Ken Diviney, Kdiviney@ryansrally.org, https://ryansrally.org
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Please, Share the Press Release
I see this was ALREADY picked-up by the Associated Press in their Featured Stories! I urge everyone to share this press release with any person, business, or news agency that will help get the word out. Just copy and paste it as written. Don’t worry if it might be a duplicate submission. Oh, and I made sure to flood the Newark, DE and surrounding area media… no excuse for ignoring it this time around. Right?
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[poll id=”15″]
See previous poll answers here.
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I pray they are getting the worst possible treatment in prison. I lost a brother 10years ago and we have to fight to keep his, non-remorseful, killer in prison. Words just don’t cut it. The amount of anger that this, and other stories like yours, gives me is something I’m not proud of. There is no amount of justice that can bring them back. I pray your family finds peace.
Power to the Diviney Family…thoes animals owe your family in the deepest of ways! Go for all the money you can and it wouldnt hurt to ask for them to have court ordered vasectomy to prevent any offspring from these horrible families!!! (wishfull thinking)
We’re in the same boat, the person who caused Grant’s injury hasn’t paid a cent. I know EXACTLY how you feel. I pray this is held over their heads and that these people who did this to Ryan do the right thing! It’s amazing how many people do not….
Ken, I’m so happy to see this. I had hoped it would come, although I’m sorry that it had to. But you’ve always been one to do what you had to for your family. We’re behind you 1000%, as always. SHSP NGA!
Way to go!!!! Don’t let those thugs ever forget what they have done to your family.
remorse -a sense of deep regret and guilt for some misdeed
accountability – The obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds
responsibility – The obligation to carry forward an assigned task to a successful conclusion. With responsibility goes authority to direct and take the necessary action to ensure success.
obligation – The act of binding oneself by a social, legal, or moral tie.
There are several more words that require definition for the group in Delaware, but I really do think it would be a waste of time and space. They are what they are.
Finally, the system will make them accountability!
correction: finally the system will make them “accountable”
This is the right thing to do. I hope the court makes them pay for what they did to your precious son. Keeping you and your family in our prayers.
Ken and Sue,
Wow! We have been waiting along time for this. How pathetic that these thugs did not even consider that if they did what they were ordered to, much less what they morally should have, they would not look as pathetic when this goes to court.
I have seen the dedication that you two put into every ounce of your being in your care of precious Ryan. These violent men cannot perceive what you go through. They should thank you and God that they are not facing murder charges.
I intend to sing from the rooftop about this civil trial. The only thing that would bring me even more peace is if they had to pay a small portion of their restitution for the rest of their life. This ensures they remember for the rest of their life the damage they did.
For all the haters who will give this a thumbs down, knock yourself out!! Love, love, love you Ken, Sue Ryan, Kari, Duke and Tucker~
Ken,
Just got home from work, checked the local news and my eye caught a headline and I thought, “THIS IS WHAT KEN WAS TALKING ABOUT”!!!!!!!!!! Awesome!! So glad you filed the civil suit. Here’s hoping and praying SOMETHING gets done. Still here and praying for Ryan’s recovery daily
I found this article on reedit.com. I thought you might find it interesting… http://www.guardian.co.uk/science/2006/sep/12/health.healthandwellbeing
Still here, still praying. You are providing the very best care for Ryan and hoping one day he will fully recover. You deserve every penny.
I guess I don’t understand court-ordered restitution…if they haven’t paid, why aren’t they getting additional jail time? Disgusting!! I hope you get everything you are asking for. If nothing else, make these thugs think about Ryan everyday of the rest of their lives. They don’t deserve to just move on! We are all behind you!!
Fantastic news I am just so happy about this. This pretty much seals it for all the idiots who hurt Ryan so badly. When they get older maybe this will jog whatever piece of humanity that may be hiding inside of them so they can begin to pay for what they have all done. I still like my idea of a nice sign in your front lawn. I continue to pray for Ryan’s recovery. And am so thankful for this news.
Glad to see this, Ken. Best of luck.
Still here…still praying for Ryan and you. Annie
Ken, this is good news, and I pray through the grace of our Lord that you and your family receive as much compensation as possible for all the heartache, trauma and loss you have suffered. Though there really isn’t a dollar value that could truly cover the agony inflicted upon your family, some kind of justice must be pursued. A short stint in jail doesn’t begin to fulfill the level of obligation the perpetrators have to Ryan and to your family.
Everyone let’s continue to rally around Ryan and his family and help them get through this next big hurdle. They need our support, protection and help. I know this must have been a heart wrenching experience for you, Ken, to have had to go through all the work of informing legal counsel about this nightmare. You did it for Ryan, because you will never stop going the distance for him.
Love & prayers for healing, comfort and justice…Paula
Amen, Paula.
double amen.
Sent it out to the YGR prayer group which encompasses someone from just about every state.
Standing by you in pursuit of justice.
Good for you, Ken. It is time.
Yea! You go Ken and Brian, “yous both da man”….
Its about time these other thugs are charged or held responsible for the crime. They were accessories to a felony, ran from a crime scene and are damn lucky they are not being charged as accessories to murder. They might not think it is or was serious, but they will when they are standing in court before a judge. Boys just ask Austin Vantrease or Jon May how it feels, they will tell you, its not funny any more. You owe your life to the Diviney family and Brian, hopefully you will never get a home, a car, or any thing of value with a lien on your wages after this. Can’t wait till the trial.
Anna, I think you mean Ryan, not Brian.
You are so right in filing the law suit considering the level of destruction these animals did to your son and family with absolutely no remorse. I want to be one of the first to congratulate on such a fantastic move and on your future win – perhaps if they don’t feel anything in their hearts for Ryan, they may experience the pain and suffering of living on the streets after you wipe em out financially… that usually gets to those type of people with no soul strip them of their earthly possessions humbles them a bit.
and there is always garnishment……
Garnishment if they are able to ever be employeed! I would not hire them! The only reason I hope they are able to get a job is so that their pay can be garnished for Ryan’s sake! THUGS!
Good for you! Those thugs owe your family more than they could ever pay, but they *dang well* better try.
Glad to hear the news. I hope they are prosecuted to the full extent of the law. Best of luck, Ken and family.
God Bless You, Diviney family. You’ve been through so much. I pray you will finally get some financial relief from the attackers. And more than anything else, I pray for total healing for Ryan. Still here. Not going anywhere.
Ken ,It was worth the wait and being how they all totally ignored their required restitution,this had to be done…No one should ever forget what Ryan and your family is going through because of what those animals did .Wasn’t it enough to just knock Ryan out ,WHY did they continuing kicking. ….So senseless and brutal and they have to pay and should have been all along No remorse is so true. Hoping and praying this suit will make them , as it goes “pay for their crime”. With you ,Ryan and your. family, Always.
Wonder why a thumbs down….Can”t even take the truth?? Do what is right for Ryan
Don’t worry about the thumbs down Gail — we all know who is behind that. It’s a shame that some souls just refuse to see the truth for what it is — until a person is willing to acknowledge what he/she did, there can be no real progress towards reparations and healing. May our Lord speak to their souls…
Still here, praying… …I knew this had to be, Ken. I would do the same if it were my child. My job here is to pray for Ryan’s continued recovery and support Ryan’s Rally in whatever way I can, and keep his story out there. Love