I just sent out the following press release. I primarily targeted the state of West Virginia, the Washington, D.C. and northern Virginia area, and Delaware. We’ll see if the Delaware news agencies run the story, but their history would indicate that’s a long shot. Strange how they ignore top local stories on the AP wire…
FOR IMMEDIATE RELEASE:
WV High Court: No New Trial for Vantrease in Diviney Case
Vantrease filed appeal of 2-10 year sentence
Morgantown, West Virginia – October 26, 2011 – On Tuesday the West Virginia State Supreme Court ruled not to grant a new trial to Austin Vantrease. Vantrease was one of the two men convicted of the November 7, 2009 brutal attack that left Ryan Diviney in a coma-like state. Vantrease and May were convicted in a July 2010 jury trial — Vantrease of felony malicious assault and May of battery. May was sentenced to one year in jail and was released after serving just seven months.
Austin Vantrease, 20, who is currently serving a two- to 10 years sentence for felony malicious assault. Vantrease filed the appeal last spring to the High Court through his attorney Lance Rollo.
In the petition, Rollo said his client is entitled to a new trial because Vantrease’s previous attorney didn’t ask for a separate trial from his co-defendant, Jonathon May. Rollo further claimed the trial court gave the jury an incomplete instruction about the inference of intent.
West Virginia Supreme Court Justices disagreed and affirmed the lower court’s decisions. “Upon consideration of the standard of review, the petition, and the record presented, the court finds no substantial question of law and no prejudicial error”.
Prosecutors and witnesses said May punched Diviney in the head after an argument about the World Series. Diviney fell and struck his head, rendering him unconscious. Vantrease then repeatedly kicked Diviney the head.
West Virginia Supreme Court provides 30 days for Vantrease to ask the court to reconsider, else the decision becomes final. If Vantrease wants to appeal it further, he’d need to request it to the U.S. Supreme Court.
Ken Diviney, Ryan Diviney’s dad, said that in Vantrease trying anything to get his conviction overturned was another example of his unwillingness to accept responsibility. He went on to say that Vantrease is milking the system at the expense of West Virginia citizens. “It’s now time to be accountable to Ryan”, he said. Ryan Diviney remains in a coma-like state and receives round-the clock care in his family’s Virginia home.
Carla Liberty says
The sad thing is, the defense and their supporters can’t see the real damage, the collateral damage, the day-to-day struggle that has ensued as a result of this. Perhaps if the court ordered a 24 hour (or more) streaming video of what goes on in that house (above and beyond the care being given to Ryan) it might give them an inkling of the time/money involved to care for Ryan. And maybe, just maybe empathy would preside over avoidance of responsibility. One could only hope.
Great News, Ken! He just does not get it, nor his family. If you do the crime, you need to man up and pay the time. Maybe 2-10 will give you the time to assess the damage to Ryan, his family and the thousands of people that love them.
Try to make something of yourself while you are in there. You certainly need an improvement of what you accomplished prior to going to prison. That having been said, you will never give back to the Divineys what you took away. You should be reminded of that daily.
Carter Beauford says
Vantrease deserves his punishment but we shouldnt scorn anyone… if you give, you begin to live, and you might die trying
love and power
Boyd Tinsley says
Hello Ryan, how are you doing today? I hope I find you feeling healthy. Keep Fighting!!!
Jeff Coffin says
God knows the weight of what Vantrease is as heavy as stone
Tim Reynolds says
Wowww Great News! I’m sure they will drag this out as long as they can. Funny the way it is how he wont accept his punishment.