Yesterday, the West Virginia State Supreme Court handed down it’s decision on Austin Vantrease’s (a.k.a., Inmate 513981) request for a new trial. As you might recall, Vantrease requested this late last spring. In fact, he actually made this motion a day or two before his request for consideration of a new sentence was flatly denied. This was the same day the Judge admonished the Vantrease family for their aggressiveness (see related articles at the bottom).
With the West Virginia Supreme Court in recess over the summer months, this sat idle until this week.
Believe me when I tell you, I take a great deal of pleasure in reporting the outcome to you. I’m sure the media will be picking up the story, but I wanted to be the first to tell you.
I’ve included the official decision (below). Read it if you wish, but I summarized it in two words afterwards.
Let me simplify what those three pages mean… REQUEST DENIED! Essentially, the remainder of the official memorandum is legalese. Mainly, it affirms the circuit court gave a fair trial.
Vantrease can appeal the request-decision and ask the West Virginia State Supreme Court to review it again (which they rarely agree to do… so I’m told). Or, he can just stop all the nonsense and accept the consequences of his malicious actions. Still, I LOVE seeing him (and his family) systematically running out of options. At what point will it dawn on him that he needs to man-up?
Let’s assume he continues these inane appeals (it is his M.O., after all) and it’s denied (since he’s clearly guilty). He can then appeal to the United States Supreme Court. I wouldn’t put it past him to try something this outlandish. I really wouldn’t. To me, he is milking the legal system and sucking money from the people of West Virginia.
Every time Vantrease looks for loopholes he keeps getting the same answer. Oh, how I wish Ryan’s skull was even just half as thick as his. Let me summarize the history in my own words:[Nov. 2009] Police: “You’re accused of being guilty”. [July 2010] Jury: “Austin Vantrease, you’re guilty”. [Nov 2010] Circuit Court Judge: “Yep, you’re still guilty and should be punished”. [May 2011] Circuit Court Judge: “No kidding, you need to be punished”. [Oct 2011] West Virginia Supreme Court: “Seriously, you’re guilty”.
Sheesh, it will ever sink in for him?[poll id=”44″]
- Austin Vantrease Request: Denied (May 2011)
- Vantrease: Motion for Consideration of Sentence (April 2011)
Excellent decision! No tears shed here.
Ms. Blasé says
Best news I’ve heard all week.
Great to see this, this is good news.
Thanks for letting us know Ken! That is great news. We continue to pray for Ryan and your family.
Glad the legal system is working on that, but what are they doing about the court ordered monetary award?
It seems that segments of our culture have de-evolved to where some parents don’t feel that their children could do anything wrong. In turn, they rationalize, justify and defend even the most heinous of actions committed by their son/daughter. It is one thing to love and support your child; it is a whole other thing to never teach them about what right and wrong mean, what respect is, and why accepting responsibility for bad choices/behavior is essential to living a positive and successful life. Being decietful, duplicitious, manipulative, remorseless and arrogant = epic fail.
Ken, everyone knows what happened to your smart, ambitious, happy, loving son was despicable and on some level just evil. No matter what any court in the land might say, or VT’s family — AVT is guilty for a horrendous crime, and unless and until he understands, acknowledges, admits and takes responsibility for what he did to Ryan, there will be no peace in his (or his family’s) life.
To Ryan: you have more courage, dignity, intelligence and respect than many. You are very loved by so many.
Lord, please bless dear Ryan and give him healing. And bless the Diviney family and all who seek to offer support and solace to them as they struggle through these very difficult days.
Here’s hoping he has the full ten years to keep making appeals. The surveilance tape will stay the same, no matter how many times he tries to argue. It’s kind of ironic that he’s continuing to study and learn about Criminal Justice even as he sits behind bars.
Gail Doyle says
Ken, Denied and Guilty!!! …Wish sentence could be changed too. Unfortunately ,this doesn’t change what he did to Ryan and what you all are going through . One day Ryan will be well ,but this guy has the rest of his life to live with what he did …. Hoping a peaceful day is ahead for all. Give a hug to Ryan. love Gail
The trial was fair — only the sentence wasn’t fair — should have gotten no less than 10-20! But even at that, what is a fair sentence for taking a man’s life?
Angela Frisby says
GREAT to know he’ll be staying in jail–where he belongs!
All I can say is Yea!! At least the WV court system is staring to work on our side. Ryan, we will continue to fight for you, forever and always! You, Ken, Sue, Kari and the pups are our heroes! I hope today brings you comfort in knowing Austin will remain in prison, hopefully for 10 years. We love you sweetheart~
Kathryn Beggs Howlett says
Good Morning!!! Decision not surprising at all…the only one that could have been made! Have a peaceful day Ryan and Diviney family! SHSP.