Poll of the Day > Student ATTACKED 10 Years Ago has DIED..and his ATTACKERS are already FREE!!!

(+) Yeah! (+)

A Former West Virginia University Student has died nearly a decade after he was brutally beaten into a COMA and left with lasting brain damage..and his 2 attackers are already out FREE..5 YEARS AGO as they only received 5 YEARS for it!!

Ryan Diviney was 19 and a sophomore and a standout athlete when he was attacked and KICKED in the HEAD in November 2009 just off campus

He suffered extensive brain damage and fell into a comba but never returned to his former self and remained in a "vegetative state" for the past 10 years

His family worked hard to keep his body rehabbedin hopes that his life could improve one day by modern medicine but it never came to fruition.

He was on vacation with his Virginia family to West Virginia when he struggled to breathe saturday night and died as they drove him to the hospital..

A FB page dedicated to providing updates and the assault case titled "Ryan's Rally We Got This" announced that he died. Hisf riend, Katie Mesmer wrote "This was a post that i never wantedto write. It is with great sadness i must inform you all that Ryan Diviney has succumbed to his injuries. It was sudden and unexpected. The Diviney family appreciate what everone has done for Ryan over the past 10 years. Without you all, Ryan would have never received the comfort and care, nor lived as long after the attacked as he did. They are sincerely grateful. In true Ryan Diviney fashion, he wanted to donate organs to help save others lives."

The story inspired a documentary titled "Storming" that detailed the horrific assault and his family's story to keep him alive.

Austin Vantrease and Jonathan May were charged in the 2009 attack that left him this way. May threw the initial punch but after Diviney hit the ground, that's when Vantrease KICKED his head and he was only convicted 2-10 years..but released in 4 YEARS in 2014.

His Dad, Ken said he fantasized about spending "2 minutes" with his son's attackers in a "locked room with a BASEBALL BAT" stating they wouldn't come out in any worse condition than his son

9 years later, he told the Washington Post he is still angry at the men

Prosecutors in theory could bring murder charges against the 2 in the wake of the death which is known as the "delayed death exception".

Do you think they should pull the trigger and charge the 2 freaks for murder now?

Ryan - Before Attack











Ryan - After Attack







Vantrease - Street Trash




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These fuckers should have been locked up for life, it takes an immense level of hate and violent personality to do something like this.

Why'd they attack him in the first place?

mrduckbear posted...

Austin Vantrease and Jonathan May were charged in the 2009 attack that left him this way. May threw the initial punch but after Diviney hit the ground, that's when Vantrease KICKED his head and he was only convicted 2-10 years..but released in 4 YEARS in 2014.

Wait, the guy who threw the kick got 10 years and was released in 4? What did the guy who punched him get?

mrduckbear posted...

Prosecutors in theory could bring murder charges against the 2 in the wake of the death which is known as the "delayed death exception".

I'm not sure how to feel about that law. If they're already free, I'm not sure how much you're gaining -- other than vengeance -- by tossing them back in.
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Broken_Zeus posted...

Why'd they attack him in the first place?

Good question...

Broken_Zeus posted...

What did the guy who punched him get?

5 years, I guess...
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Broken_Zeus posted...

Why'd they attack him in the first place?

Far dumber than I could have ever imagined.

Just after 3 a.m. on November 7, 2009, Ryan and two others were walking to a convenience store adjacent to the WVU campus when they encountered a larger group. Words were exchanged regarding the Philadelphia Phillies baseball team, and the conversation quickly became heated. Ryan was pushed and began walking backward, hands raised, to get away. Both of Ryans companions were assaulted; one of them, Bryan McLhinney, was rendered unconscious, his jaw broken.

As Ryan backed away, some from the larger group ran him down. WVU student Jonathon May approached from Ryans blind side and punched him in the face, knocking him unconscious. The punch lifted Ryan off his feet and he struck his head on a raised grate when he fell, causing damage to his brain stem and frontal lobes. At this point, 19-year-old Austin Vantrease, visiting from Newark, Delaware, approached Ryan and kicked the unconscious man in the head as if he were punting a football, according to witness testimony. May, Vantrease and the others from the larger group then ran, hiding briefly behind a dumpster before fleeing the scene. When paramedics arrived, Ryan was bleeding from the ears and suffering seizures. His breathing was shallow, slow, and labored.

Much of the encounter was captured on the convenience stores video surveillance, which showed Ryan trying to escape.

For the love of god charge these people with murder for making him brain dead over sports.

That's fucking ridiculous. Just when I thought I couldn't have a lower opinion of sports.

Granted, it seems almost guaranteed that the attackers were intoxicated.
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Clear cut cases like this are when the death penalty should be used.

Those people are just animals.

eh hes fine, look how hyped he is!

party_animal07 posted...

Clear cut cases like this are when the death penalty should be used.

Those people are just animals.

party animals?
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should've been death penalty
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Go to bed kimbo, you're drunk.

You used to be cool bro! Then you sold out!
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but video games and boobies make everyone violent.
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The Nov. 7, 2009 beating in Morgantown, W.Va., resulted in the arrests of Austin Vantrease, 19, and Jonathan May, a student at the time at WVU. The paper reported that May threw the first punch after sneaking up from behind.
Once on the ground, the report said citing a witness that Vantrease kicked his head like a football. The injuries were extensive with bleeding in the brain.

Sucker punch and then a kick like that when the dude is already defenseless on the ground? Fuck both of them. Let them rot in prison

I don't care why the fight happened, why they attacked him. It clearly wasn't self-defense based on reports and witnesses. There's no justifying an attack like the one they did. Absolute cowards and scumbags

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Broken_Zeus posted...

I'm not sure how to feel about that law. If they're already free, I'm not sure how much you're gaining -- other than vengeance -- by tossing them back in.

To send the message that delayed murder is still murder and not a loophole?
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America_Dude posted...

Zeus once again going out of his way to remain as ignorant as possible so as to defend people who beat a kid into a coma... and then tries to pass it to pass it off on alcohol... fucking hell.

Once again somebody hides behind an alt while hurling spurious accusations at me, ensuring that their actual account suffers no such consequence for the nonsense. Or are you somebody I blocked who can't let things go?

Granted, I should imagine that the list of suspects is relatively small, given the start date on that account and the stupidity of the accusation.
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Sounds like clear-cut murder to me. There's potentially a case to be made that their time in jail reformed them, given that they got out early, and that they shouldn't go to jail for the murder because there's no further point, but charges should absolutely be laid. Let them make that defense in court.

Broken_Zeus posted...

Once again somebody hides behind an alt while hurling spurious accusations at me, ensuring that their actual account suffers no such consequence for the nonsense.

Oh man. GameFAQs is serious business. Can't have people evading consequences!

Get over yourself.
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Sounds like the courts fucked up by not giving them a harsher punishment in the first place, but it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason
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Muscles posted...

it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason

I'm not sure this would qualify as double jeopardy, though. The charges would be different (murder vs. assault), and the facts of the case have changed (the guy died).
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adjl posted...

Muscles posted...

it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason

I'm not sure this would qualify as double jeopardy, though. The charges would be different (murder vs. assault), and the facts of the case have changed (the guy died).

It's still the same case. While I think they should have received way more time, the case is over.
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adjl posted...

Broken_Zeus posted...

Once again somebody hides behind an alt while hurling spurious accusations at me, ensuring that their actual account suffers no such consequence for the nonsense.

Oh man. GameFAQs is serious business. Can't have people evading consequences!

Get over yourself.

...he says while ignoring that Gamefaqs was apparently serious business enough that somebody would jump on an alt to make ridiculous accusations instead of associating those accusations with his real account.
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adjl posted...

Muscles posted...

it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason

I'm not sure this would qualify as double jeopardy, though. The charges would be different (murder vs. assault), and the facts of the case have changed (the guy died).

I see your point, but I just feel like they should have locked up those fuckers the first time, and his death wasn't really related to the assault seeing as he was on vacation with his family and they couldn't get him to the hospital in time, not that it matters because they should still be locked up regardless
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EvilMegas posted...

It's still the same case. While I think they should have received way more time, the case is over.

Same case, different crime (assault vs murder/manslaughter). The man died ultimately as a result of the injuries he sustained during that beating. They caused the man's death, even if it took a decade for his death to occur.

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Broken_Zeus posted...

...he says while ignoring that Gamefaqs was apparently serious business enough that somebody would jump on an alt to make ridiculous accusations instead of associating those accusations with his real account.

Yes, I am indeed ignoring that. Do you know why? Because nobody cares. Get over yourself.

Muscles posted...

his death wasn't really related to the assault seeing as he was on vacation with his family and they couldn't get him to the hospital in time

That he died because the medical needs arising from the assault weren't met doesn't change the fact that the assault ultimately killed him. If you were to shoot a man in the leg and he bled to death because the ambulance that would otherwise have saved his life took a wrong turn and didn't get there in time, you've still murdered that man. The fact that he would have survived with better medical care is irrelevant to that.

Personally, I think it would be appropriate for attempted murder charges to carry an automatic jail sentence that lasts until it is certain that the victim will survive. Beat a guy into a coma? You have no chance of getting out of jail until he wakes up. If he never wakes up? Then you've effectively murdered him and would deserve a life sentence anyway, so it works out. If he dies? You get upgraded to murder and get your time served credited to your life sentence. He wakes up a week later? You wait for your sentencing hearing to be scheduled.
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I believe in eye-for-an-eye.

Let the dad do whatever he wants to them.

adjl posted...

Broken_Zeus posted...

...he says while ignoring that Gamefaqs was apparently serious business enough that somebody would jump on an alt to make ridiculous accusations instead of associating those accusations with his real account.

Yes, I am indeed ignoring that. Do you know why? Because nobody cares. Get over yourself.

Muscles posted...

his death wasn't really related to the assault seeing as he was on vacation with his family and they couldn't get him to the hospital in time

That he died because the medical needs arising from the assault weren't met doesn't change the fact that the assault ultimately killed him. If you were to shoot a man in the leg and he bled to death because the ambulance that would otherwise have saved his life took a wrong turn and didn't get there in time, you've still murdered that man. The fact that he would have survived with better medical care is irrelevant to that.

Personally, I think it would be appropriate for attempted murder charges to carry an automatic jail sentence that lasts until it is certain that the victim will survive. Beat a guy into a coma? You have no chance of getting out of jail until he wakes up. If he never wakes up? Then you've effectively murdered him and would deserve a life sentence anyway, so it works out. If he dies? You get upgraded to murder and get your time served credited to your life sentence. He wakes up a week later? You wait for your sentencing hearing to be scheduled.

Yeah, but he bled to death ten years later. All of the rest of that is hypothetical.
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party_animal07 posted...

Clear cut cases like this are when the death penalty should be used.

Those people are just animals.

This.

How the fuck were they out in just 4-5 years? 1st degree Assault and battery, attempted (now realized, for one victim) murder, fleeing the scene of a crime...

And on multiple people apparently.

Execute these fuckers

Muscles posted...

adjl posted...

Muscles posted...

it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason

I'm not sure this would qualify as double jeopardy, though. The charges would be different (murder vs. assault), and the facts of the case have changed (the guy died).

I see your point, but I just feel like they should have locked up those fuckers the first time, and his death wasn't really related to the assault seeing as he was on vacation with his family and they couldn't get him to the hospital in time, not that it matters because they should still be locked up regardless

You know what would've helped get him to the hospital in a more timely manner?

If the attackers had called 911 for an ambulance, rather than fleeing the scene.

Fuck them

I don't see anything in mrduckbear's that indicates his assailants caused his death. If anything the fact that he lived for 10 years after the assault suggests the 2 things are unrelated.
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SKARDAVNELNATE posted...

I don't see anything in mrduckbear's that indicates his assailants caused his death. If anything the fact that he lived for 10 years after the assault suggests the 2 things are unrelated.

Look again at the before and after pictures and then try saying that again.
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Nichtcrawler X posted...

Look again at the before and after pictures and then try saying that again.

I don't see anything in mrduckbear's post that indicates his assailants caused his death. If anything the fact that he lived for 10 years after the assault suggests the 2 things are unrelated.

Unless this is one of the assailants in the act of ending his life.

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adjl posted...

Muscles posted...

it would set a terrible precedent to charge them again, double jeopardy is illegal for a reason

I'm not sure this would qualify as double jeopardy, though. The charges would be different (murder vs. assault), and the facts of the case have changed (the guy died).

It is not double jeopardy as they were never charged with murder, this sort of case happens a lot when the victim dies months or years after the original case ends, but only if the death occurs as a result of the injuries from same case.

It's only double jeopardy if they were tried and acquitted of murder in the first place, which would be stupid because the victim was still alive.
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peanutt121 posted...

It's only double jeopardy if they were tried and acquitted of murder in the first place, which would be stupid because the victim was still alive.

This is one of the asinine things about criminal law. The assailants only attacked him once. They were tried and convicted for that singular event. Calling it assault one day and murder the next day doesn't make it a separate event.
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SKARDAVNELNATE posted...

peanutt121 posted...

It's only double jeopardy if they were tried and acquitted of murder in the first place, which would be stupid because the victim was still alive.

This is one of the asinine things about criminal law. The assailants only attacked him once. They were tried and convicted for that singular event. Calling it assault one day and murder the next day doesn't make it a separate event.

Are you not aware that you can be charged with multiple crimes surrounding a singular event?

If you were to break into someone's house, kick their dog, steal their jewelry, and later you get picked up by the cops - you don't get charged with one crime. It's not simply "Charge him with B&E and be done with it."

And charges are adjusted due to new evidence and findings all the goddamned time. If that dog dies at a later date as a result of you kicking it, those charges become greater. This is very common.

What's not common is that in this case the victim took 10 years to die, but make no bones about it his condition was precisely a result of the beating he took 10 years prior. He wouldn't have had all of those health issues which led to his death had he not been beaten so savagely.
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SKARDAVNELNATE posted...

I don't see anything in mrduckbear's post that indicates his assailants caused his death. If anything the fact that he lived for 10 years after the assault suggests the 2 things are unrelated.

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?
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Mad_Max posted...

If you were to break into someone's house, kick their dog, steal their jewelry, and later you get picked up by the cops - you don't face get charged with one crime. It's not simply "Charge him with B&E and be done with it."

You're talking about events that happen in sequence. The B&E was one event. Kicking the dog was another event. Taking the jewelry was a 3rd event. At any point along the way the person could have turned around and left without causing the next thing to happen. That's not what we're talking about here.

Mad_Max posted...

What's not common is that in this case the victim took 10 years to die, but make no bones about it his condition was precisely a result of the beating he took 10 years prior. He wouldn't have had all of those health issues which led to his death had he not been beaten so savagely.

Let's apply this reasoning to another scenario and see if it holds up. An arsonist burns down a building. This is a singular event of setting a fire. A resident of the build is left homeless and moves to another state. There the resided is stung by a bee, which he is allergic to, and dies. Is the arsonist responsible for the resident getting stung by a bee?
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SKARDAVNELNATE posted...

Let's apply this reasoning to another scenario and see if it holds up. An arsonist burns down a building. This is a singular event of setting a fire. A resident of the build is left homeless and moves to another state. There the resided is stung by a bee, which he is allergic to, and dies. Is the arsonist responsible for the resident getting stung by a bee?

Not equivalent. Unless you are saying losing your house to fire causes bee allergies.
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SKARDAVNELNATE posted...

Let's apply this reasoning to another scenario and see if it holds up. An arsonist burns down a building. This is a singular event of setting a fire. A resident of the build is left homeless and moves to another state. There the resided is stung by a bee, which he is allergic to, and dies. Is the arsonist responsible for the resident getting stung by a bee?

What youre saying is different. Think of it like this. Someone gets beat so badly and is in the hospital. They try to save him, but he dies. The culprit goes to prison for murder.

Lets say the same thing happened, but he loves for months. And the person goes to jail for assault. Then like a month after that, the person dies from the injuries of the assault. Now that person gets charge with murder. Thats how this case is. Except instead of a few months, it took 10 years...
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Nichtcrawler X posted...

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?

Humans are mortal. They die eventually given enough time. If you allow enough separation of time you could say that stubbing ones toe when 9 contributed to their death at 90.
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Broken_Zeus posted...

That's f***ing ridiculous. Just when I thought I couldn't have a lower opinion of sports.

Yeah, it's the sport's fault

Let's sue the Phillies!

SKARDAVNELNATE posted...

Nichtcrawler X posted...

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?

Humans are mortal. They die eventually given enough time. If you allow enough separation of time you could say that stubbing ones toe when 9 contributed to their death at 90.

You can't possibly be this dense.
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SKARDAVNELNATE posted...

Nichtcrawler X posted...

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?

Humans are mortal. They die eventually given enough time. If you allow enough separation of time you could say that stubbing ones toe when 9 contributed to their death at 90.

You can say that, but it probably isnt true.

But the doctors can say whether he died because of the injuries or not in this case. So, if they say it was because of his injuries, then they murdered him...
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Mad_Max posted...

SKARDAVNELNATE posted...

Nichtcrawler X posted...

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?

Humans are mortal. They die eventually given enough time. If you allow enough separation of time you could say that stubbing ones toe when 9 contributed to their death at 90.

You can't possibly be this dense.

It stands to reason. If one is willing to draw a line between 2 events and ignore anything in between then these the results you get.
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SKARDAVNELNATE posted...

Mad_Max posted...

SKARDAVNELNATE posted...

Nichtcrawler X posted...

You do not need to be a medical expert to realize he was living on borrowed time after the assault and would eventually die as a result from such wounds. So basically you are saying that if death takes long enough, it becomes the perfect murder?

Humans are mortal. They die eventually given enough time. If you allow enough separation of time you could say that stubbing ones toe when 9 contributed to their death at 90.

You can't possibly be this dense.

It stands to reason. If one is willing to draw a line between 2 events and ignore anything in between then these the results you get.

Who said anyone is ignoring any events, though?
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Nichtcrawler X posted...

Not equivalent. Unless you are saying losing your house to fire causes bee allergies.

I only asked if the arsonist is responsible for the resident getting stung by a bee, not the death.

Muscles posted...

his death wasn't really related to the assault seeing as he was on vacation with his family and they couldn't get him to the hospital in time

So the question here is if the assailants were responsible for the family going on vacation.

LinkPizza posted...

Who said anyone is ignoring any events, though?

I'm saying that.
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SKARDAVNELNATE posted...

So the question here is if the assailants were responsible for the family going on vacation.

The vacation didnt kill him. His hard time breathing due to injuries caused by the assailants is what killed him...

SKARDAVNELNATE posted...

LinkPizza posted...

Who said anyone is ignoring any events, though?

I'm saying that.

What events are being ignored?
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The guy died as a result of his injuries. It just took longer because of modern medicine. If the guy had died from his injuries 3 days after the incident would you still be arguing against a murder charge?

LinkPizza posted...

What events are being ignored?

The failure of someone else to continue prolonging his life.

LinkPizza posted...

The vacation didnt kill him. His hard time breathing due to injuries caused by the assailants is what killed him...

So because the family couldn't get him to the hospital in time the assailants could face additional charges through no additional action of their own.

OhhhJa posted...

If the guy had died from his injuries 3 days after the incident would you still be arguing against a murder charge?

I would leave that up to the doctors. If they decide he's well enough to be released from the hospital or go through physical therapy then he's no long at risk from his injuries and it becomes a matter of upkeep.
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SKARDAVNELNATE posted...

The failure of someone else to continue prolonging his life.

What do you mean by that?

SKARDAVNELNATE posted...

So because the family couldn't get him to the hospital in time the assailants could face additional charges through no additional action of their own.

That depends. The hospital could say that it didnt matter if the family got him to the hospital faster or not. Some people make it to the hospital on time, and still die. Some people get to the hospital with plenty of time and die. So, it may not have mattered. Also, they still caused the injuries that killed him. So, theyd still be murderers...
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