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Early yesterday afternoon I sent out a blanketing press release to keep the media abreast of the civil trial filed against Vantrease, May, and the others in the group that were directly involved in Ryan’s brutal attack. This was solely prompted by action on the defendants’ behalf. I fully intend to publicize every legal maneuver the defendant’s attorneys opt to execute. To me, it offers valuable opportunity to get Ryan’s story out to even more people. Also, having those thugs known is not too shabby either. I’m confident most news groups will pick it up and publish it. I’m also hopeful it will be on the AP Wire before noon… then the world can see it. So, you might start seeing it showing up any time now (if not already).
Criminal Case Appeal
I’ll show you exactly what was sent. Before I do, though, I thought you might be interest in the criminal appeal by Austin Vantrease. I received an excellent explanation of how it all works with the West Virginia State Supreme Court docket. I’ll quote it word verbatim:
“When a petition for appeal is received, it is first put on the petition docket for review. If the Justices think there may be a valid argument made, they typically move the petition to the motions docket. That is a hearing where the defendant’s attorney has five minutes to present his argument. This is just attended by him and not the state or the defendant. If the Justices still want to hear more, they will then move the case to the argument docket. This is attended by the state and the defendant’s attorney, but not the defendant. They both present their sides and the Justices ask questions. After this hearing (and it usually takes weeks or months) the Justices will decide to order a new trial or vacate the verdict or part of the verdict, etc.”
Civil Case
Immediatley below is the press release I sent yesterday. My intent was to present the new information, while informing anyone new to the story about the past.
FOR IMMEDIATE RELEASE:
Attackers of WVU Student Ryan Diviney Move Civil Trial to Federal Court
Morgantown, West Virginia – September 23, 2011 – Ken Diviney, Ryan Diviney’s father, and Brian McLhinney, Ryan Diviney’s friend, jointly filed a civil lawsuit this August in Monongalia County Circuit Court in connection with the 2009 beating in Morgantown, WV, which left Ryan Diviney comatose and McLhinney badly injured.
In recent legal wrangling, the Defendant’s attorneys removed the civil case filed against their clients to Federal Court in Clarksburg, WV.
The defendants, Austin Vantrease, Jonathon May, et. al, all are from the Newark, Delaware area.
Since none of the defendants are from West Virginia, and the matter in controversy is greater than $75,000, they are able to do this under a federal statute related to diversity jurisdiction. Federal Court follows basically the same evidentiary and procedural rules as in Circuit Court.
Ryan’s Father, Ken, said, “This action by the defense was completely expected. There is no legal advantage to doing this, so I suspect they want to get it as far away from the crime scene as possible.”
Vantrease and May were convicted in a 2010 jury criminal trial in Monongalia County in connection with the attack on Ryan Diviney, which prosecutors and witnesses said began after McKeefery incited an oral argument about the World Series.
Vantrease is currently serving a two-to-10 year felony sentence for malicious assault. May was convicted of battery and completed a one-year jail sentence in April.
The lawsuit alleges that Vantrease and May “willfully and/ or maliciously” caused Diviney’s severe injuries. The lawsuit further alleges that McKeefery, et.al, “substantially encouraged” the physical altercation and prevented Diviney from escaping.
Video evidence from the criminal trial shows Diviney trying to escape by disengaging and back peddling from the aggressors before the attack. Witnesses testified that, without provocation, May punched Diviney when he was not looking. The force of the blow 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”.
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.
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Vanity Plate
On a completely unrelated topic, you are giving excellent ideas for the vanity license plate. What I think I’ll do is check with DMV online to make sure each suggestion is available (not already issued to someone else) and put it to a vote beginning on Monday. Remember, it is limited to up to five characters, where a blank space is considered a character. Also, consider it is already on a WVU plate background.
Related articles
- Breaking News: Group Involved in Brutal Attack Sued (ryansrally.org)
- Radio Interview (ryansrally.org)
Ken,
“Forgiveness is to set a prisoner free, and to realize the prisoner was you.” –Corrie Ten Boom
My heart goes out to Ryan and your family but you are a Christian and believe in God from what I can garner from reading the blogs so remember the Lords prayer, “Forgive us our trespasses as we forgive those who trespass against us.” So much energy seems to be wasted on hatred and anger. Have you considered the unthinkable–forgiveness? It’s difficult to give, but allows God to carry the burden for you. Anger weighs us down. Forgiveness will not change the past, but it enlarges the future.
I will continue to keep Ryan and your family in my prayers.
~Tess from Delaware
They only one who can forgive those thugs is Ryan.
“SHSP” on the license plate… (still here still praying)
I like this! Might just put it on my own plate!!
Am I reading right? Did someone call Ken selfish?
They don’t know Ryan, he had a great sense of humor just like Ken. He would enjoy this give ‘n take and is probably laughing when Ken reads the blog to him.
Since Payup is taken let’s go with MANUP, it has alot of meanings and actually sounds better.
Ken, How about the license plate “pitysex” You are using this site in a perverse way to entertain your groupies. Think of Ryan and Sue. Stop the hatred. I am a business associate of Sue’s. We see you as going over the top in a selfish display of ego and perversity.
Susan, PITYSEX is too long to fit on the plate (although I like it… a lot). A good mathematical rule to follow is 6 > 5. Also, Sue doesn’t know anyone from your IP address (Wilmington/Hockessin, DE at Latitude:39.7351,Longitude:-75.6684). Please stop pretending to be someone you’re not. Oh, a little landscaping would dress up the place. Clearly, you are posturing for the attackers. I have groupies?!? Now my ego is even larger!
Ken,
I guess that signing her “real name” makes her post feel somehow legitimate. I laugh each time someone tries to bring you down a notch, all the while positioning themselves to get the rug pulled from underneath them.
Susan, Sue has more class in her smallest toenail than you have in your world. She would no more associate with you in any environment than any of the rest of those that truly care about the Divineys.
I would guess after all that has happened with the thugs from Delaware in the last two years, pity sex may be discounted in your state. Might I recommend you google it? Yes, Susan that would be the bar at the top of your computer.
I haven’t seen the other suggestions, but what about “MANUP” with the booking pics on either side?
Love it! or Pay Me!
PS: Paula’s suggestion of Hero is brilliant. 🙂
Ken,
SHSP~Always
I would just put “Hero”
How about WVU#1
Thanks for the update, Ken. I would vote for the license plate to promote Ryan, not refer to his attackers. Some ideas: 4RYAN, LOVEU, PEACE, 4HOPE, SPORT, RDVAN, WVFAN, 4WVU2, RD4WV
Sitting here in a beauty salon, waiting for my daughter to get her hair cut. Looked at the newspaper on my left, and the headline says “Civil lawsuit moves to federal court: Family, friend of Diviney seek money from his attackers.” All of Morgantown is with you. So much love for Ryan.
I like PAYUP also! You can always change it if anything comes from them. With the website on the side of the van others will go to it and see what you mean and who should “Payup”. Shame them like they do deadbead dads. Hope you had a chance to see College Day on ESPN this morning. WVU was well represented and looked great! Go Mountaineers, hope you are able to enjoy the game tonite.
Unfortunately, PAY UP (and PAYUP) are already in use.
Still here still praying–Ken, stay strong–we are behind you all the way. I love you, Ryan.
The defendants can move their civil trial to Timbuktu and it won’t matter. The facts speak for themselves…… Sad irony is…… Ryan can’t.
Love you Diviney family.
Hi Ken,
Excellent — and let’s make sure the paper in Delaware publicizes the press release — got to keep everybody informed!!
Hope you and your family have a nice Saturday together : )
Love & Prayers, Paula
Ken ,Wherever and whenever trials are, we will be supporting you 100%. They must pay for their VICIOUS and SENSELESS attack on Ryan …Hope your news release is seen everywhere .Thinking and praying always for Ryan and your family and Ken ,I don’t know how you do it all ,but stay strong and well . love Gail
We are all here in support of you and your family.
THANK YOU, KEN, FOR LETTING US KNOW. I AM SEETHING WITH ANGER ALL OVER AGAIN! AS FAR AS THE LICENSE PLATE, I’M LEANING MORE IN THE DIRECTION OF PAY UP. I JUST WISH THERE WERE ROOM TO ADD “OR ELSE!” I WILL KEEP EYES/EARS OPEN FOR THE STORY. ALWAYS HERE.
Ken, you’re voice will continue to be heard. Praying for strength to help you through all of the battles you must wage in defense and care for Ryan. You have the loving and prayerful support from many to help see you through. Keep up the good fight on all levels.
Much love, Peggie