Austin Vantrease Given 10 Years in WV...

Austin Vantrease Given 10 Years in WV Prison for Felony Assault

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Concerned WVU Parent

Reisterstown, MD

#1 Nov 16, 2010
This is a copy of one news article about the sentencing of Austin Vantrease and Jonathan May of Newark Deleware. They beat and kicked Ryan in the head when he wad on the ground "like they were punting a football", he is in a coma one year later. For some reason the Newark papers have not done this story. We want to spread the word to let others know what violence can do.

November 16, 2010
Del. man sentenced in WVU student beating
By The Associated Press
The Associated Press
Advertiser
MORGANTOWN, W.Va.(AP)- A Delaware man is going to prison for two to 10 years for a beating that left a West Virginia University student comatose.

Austin Vantrease's lawyer had sought to have the 19-year-old Newark, Del., resident sent to a youthful offender program or sentenced to six months in county jail.

Monongalia County Circuit Judge Russell Clawges Jr. rejected the proposal Monday because of the violence of the assault and the catastrophic injuries suffered by Ryan Diviney in November 2009.

The Dominion Post reports the 21-year-old remains comatose at his family home in Ashburn, Va.

Vantrease was convicted of malicious assault last July. Co-defendant Jonathan May is serving a one-year sentence for misdemeanor battery. The 19-year-old May also is from Newark.

___

Information from: The Dominion Post, http://www.dominionpost.com
Concerned WVU Parent

Reisterstown, MD

#2 Nov 16, 2010
Go to Facebook page Come Together for Ryan Diviney for pics of Ryan and pics of the trial and felons.
Sis

Bensalem, PA

#3 Nov 17, 2010
anonymous

Woodlyn, PA

#4 Nov 17, 2010
Sis wrote:
http://vantreasedivineytruth.b logspot.com/2010/11/truth-star ts-here.html#comments
All I have to say to "Sis" is, Ryan Diviney is laying in a hospital bed basically in vegetable state. IF he ever does wake up, his life will never be the same. The "media" and the "Diviney family" do not need to make Austin out to be anything, I think his actions speak for themselves. It takes one cold-hearted individual to do that to another individual. Like I said, his family is sitting by his side probably never to speak to their son again, and you're saying their making Austin out to be a certain way? Please! That is disgusting.
anonymous 2

Mount Laurel, NJ

#5 Nov 18, 2010
a fight is a fight. could have just as easily happened to anyone else on any other night in any other place. you should never kick someone when they are down but keep in mind that ryan was not "jumped and brutally beaten" he entered the fight on his own accord knowing full well the consequences that could result. No savage beating occurred, only a few blows that just happened to be devastating. Austin is a good kid who happened to encounter very very unfortunate circumstances and consequences of an occurrence that, although rarely thought of at the time, can always yield such results. You think his intent was to hospitalize someones kid for the rest of his life? People are judging austin on one action out of his entire life. He got in a fight. That does not justify what he did, but that gives no one the right to judge him or his family as maliciously as they have been

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WVU alum n football fan

Reisterstown, MD

#6 Nov 18, 2010
Anonymous 2....Just what IS your "intent" when you kick someone in the head laying on the ground?? What was your "intent" the last time you kicked someone in the head?? What?? You say you never kicked someone in the head??? Imagine that, even the drunkest drunk wouldn't have done that. Austin has anger problems that need to be addressed, they came out that night and unfortunate for Ryan he was the recipient. Yes, it is unfortunate for Austin also, these issues should have been addressed long before, maybe as a 2-4 year old, thats when most kids learn anger management. Too bad for him he did not, I feel sorry for him too.
Stan

Cortlandt Manor, NY

#7 Nov 18, 2010
WV alumni, would it surprise you to know that it was testified to in this case that it was Ryan who actually started the fight? He was there fighting at 3 a.m. in the morning, and had been drinking, by all accounts. I don't wish anything bad on him and I have nothing but sympathy for him and his family, but one could easily say that Ryan's parents also share some responsibility for what happened that night, as you seem to be inferring about Austin's parents. Just because he was the one that got injured, excuses him no less than anybody else who participated in the whole affair.
Confused

Warrenton, VA

#8 Nov 18, 2010
My understanding is that the verbal altercation was not started by any of the boys directly involved in this mess, and that the testimony and evidence indicated that Ryan did not throw a single punch. It makes it hard to understand how Ryan could have started the fight. And why is it that no one ever mentions that another boy suffered a broken jaw that night? My understanding is that he was also found unconscious in the parking lot. Yet, no witnesses could testify that anyone in the Diviney group threw a punch?
anonymous

Woodlyn, PA

#9 Nov 18, 2010
A fight is a fight, and yes boys fight. But never in my life have I EVER heard of anyone football punting someone in the head, and better yet WHILE THEY ARE ON THE GROUND ALREADY? Talk about kicking someone while they are down! As you can see, I am from Newark and did know of Austin, and I can say that this is NOT the only disgusting behavior Austin ever took place in. Being drunk is NO excuse, and interesting how Austin and Jon May got away just fine? Hm...Austin clearly took it too far. While his leg was winding up to kick an individual in the head (hard enough to break his skull),I am pretty sure he knew something terrible was going to come out of it. There is no excuse for what any of these boys did to Ryan, and that poor family. The Vantrease Family is in grief because their son is in jail...and the Diviney's are in grief because there son has not woken up in a YEAR and they still do not know if they will ever speak to him again. Sorry, but I feel for the Diviney's. Vantrease deserves every second in his jail cell.
Saddened

Hyattsville, MD

#10 Nov 18, 2010
I read on the blog put up by Austin sister about what a wonderful human being her brother is and how saddened she is that he has been portrayed in a poor light. I do believe that three lives were severly affected for one unfortunate circumstance but clearly the Diviney's will suffer from the devastation the most in the long run. The other two boys will serve their time and then walk free to live what ever life they choose. Sadley for Ryan he will not be able to share in that same future. Mr. Vantrese had to know that kicking an unconscious individual in the head "like a football" would cause some serious injuries. What threat did he feel from an unconscious person that made him kick him repeatly in the head. THere seems to be some deep seeded anger issues that were not addressed as a child. Please show some class like the other family did and stop defending bad behavior and serve the time for the crime. After all he will be fortunate to leave his jail one day and walk a free man, the same can not be said of Ryan.
Story Follower

Fredericksburg, VA

#11 Nov 19, 2010
All I have to say is:(1) we are all taught as children to NEVER kick someone in the head - period - doing so when they are down is beyond cowardly and can be described as not less than INTENTIONAL.(2) If Austin truly feel horrible about his actions and is a stand-up, caring, sensitive, and honorable fellow - why did he NOT turn himself in? You cannot claim to be honorable, loving, gentle, or sorry if you could not even man up and do the right thing from the very beginning.
TRYING TO BE OBJECTIVE

Wilmington, DE

#12 Nov 20, 2010
I only learned of this whole affair one week ago. Seems to me many are to blame. Ryan and his group for verbally initiating the incident, the Delaware boys for making it physical and WVU and the Morgantown community for its tolerance, and almost promotement, of drinking by college students ... it hasn't been listed as the Number 1 party school for no reason at all. Of course, the DE boys bear the greater blame and responsibility, but it is not their's alone.

What happened was a bad and combustible mixture of drinking by underage, immature kids, a 3 am encounter (seriously, what good ever happens at that hour with intoxicated people?) and excessive testoserone. Stupid trash-talking leading to a physical encounter where at least two boys got carried away. They are both responsible for their actions, but it is unfair to label them as animals or deviants simply because of something which occurred in the space of minutes. I am sure they never intended to hurt Ryan as they did but, as others have said, what happened was, and always is, the possible consequence of a physical altercation.

I hope the anger and vitriol will finally end between "Team Diviney" and "Team Delaware". It serves no purpose and is a waste of cosmic energy. This isn't West Side Story. Where all should end up is in prayer. Prayer for Ryan especially. But also, for his family and friends who suffer due to his condition. For the families and friends of Austin and Jon because, although their "loss" is not as devastating, it still is difficult and painful ... remember, this is not a competition! Finally, for Austin and Jon themselves ... that they have a learned a very difficult lesson. Which might lead to them being better people, and some day, useful contributors to society.

Everyone ... learn ... pray ... forgive.
WVU Parent

Reisterstown, MD

#13 Nov 20, 2010
Ryan and his two friends DID NOT verbally initiate the incident. Someone in the Delaware group did as testified at the trial. What happened was not a "bad and combustable mixture" as you say. What happened is when Ryan and his friends saw that it was going to turn physical they started backing up, not going towards the DE group. The DE group initiated the physical encounters, Austin sucker punched one of Ryans friends knocking him to the ground and out for a few minutes, breaking BOTH of his jaws, then ran over and kicked Ryan after Jon May had punched him out unconscious. If these boys never intended to hurt someone why did they punch and kick Ryan and his friends. You don't hit someone with the force they did and not have intent to hurt!! Unfortunate for the Vantrease family they have made this your "West Side Story", unlike the May family, they are not allowing their son to take responsibility for his actions. They are taunting the Divineys friends with unsolicited E-mails, trying to get Austin out ASAP, and blaming everyone but Austin. Maybe if he would have had consequences when he was younger he wouldn't be in this position. Mommy, Daddy and big sis, can not always be there for him. Its time he grew up and took responsibility. The sad part is
his family is blaming everyone else except Austin. He was the only one who kicked Ryan out of all the DE kids there that night. All the other kids were probably horrified when they saw him do that, and they will relive that forever in their minds.
Alot of crimes happen in a space of minutes that does not make it any less criminal. Malicious Assault is Malicious Assault, whether it takes 2 minutes or 15 the effects are still devestating.
He is lucky he was not charged with murder, because he did really murder Ryan, the person in that body now is not Ryan and he will never be Ryan.
I too hope Austin and Jonathan become contributing members of society because the Divineys have mounting medical bills that these two boys are responsible for. They alone are responsible for this tragedy, no one made them hit and kick Ryan and his friend, not Ryan, not Morgantown, not WVU. I hope they never forget the moment, I am sure the Diviney family will never forget the call they recieved and the nightmare they have lived since.
TRYING TO BE OBJECTIVE

Wilmington, DE

#14 Nov 20, 2010
Ok, not going to argue with you point-by-point. But, tell me this and sanswer these 3 questions. Was Ryan underage and drinking? Was he out at 300 in the morning? And do you not think these elements contributed to what happened?
Will wait for your response. Thank you.
WVU Parent

Reisterstown, MD

#15 Nov 20, 2010
The time should not matter and his drinking should not matter in this case. What gives Austin and Jon the right to punch and kick him in the head?? There are probably hundreds of folks out at that time in the US, how many do you think were kicked in the head that night?? Probably NONE besides Ryan.
Now you answer this...How can you support this behavior?? If your child was kicked in the head would you think it was ok? Is it ok to kick a unconscious person in the head?? That is what the Vantrease family and friends are saying. It was ok to do this because Ryan asked for it by being out at 3:00 and underage drinking on all parts.
for you people to justify this behavior because of Austin and Jons underage drinking is like saying anyone who is drinking can go around doing whatever they want, assault, robbery, rape, murder...Underage drinking didn't cause this, Austin and Jon did. Underage kids drink every day how many of them kick someone in the head?? Homeless folks lay in the street every day, how many of them are kicked in the head by a drunk walking by or say something someone does not agree with and get kicked in the head?
Just answer me this..What makes Austins behavior ok? Its hard to understand why you folks think this is an unpunishable offense and that he should not be in jail for this. Let him come over and kick your child in the head and see how you like it. Drug addicts dont mean to steal, the drugs influenced them, pedifiles dont
mean to harm children the urge to penetrate made them do it, arsonists dont mean to burn your house down the need to see fire made thm do it. All criminals have an excuse. The longer you keep justifying Austins behavior with excuses the longer it takes for him to learn it.
TRYING TO BE OBJECTIVE

Wilmington, DE

#16 Nov 21, 2010
You really are brainwashed. How can you say drinking played no part in this? It played EVERY part in it. From Ryan and his group being out (you do know what the "munchies" are, right?), to being mouthy ("liquid courage"), to influencing Austin and Jon's behavior. Again, as a WVU parent, you don't want to take any responsibility. Let it continue to be the number one party school, and let negative consequences continue. Perhaps not as tragic as this, but still bad.

As far as Austin and Jon's behavior, you must be reading impaired. Where have I tried to justify it? Nowhere, because I haven't. They were wrong. Period. And should be punished ... what I have tried to do is put it in context, which you folks won't accept. You are much happier with the spin that those nice innocent West Virginia boys were unprovokedly atacked by the Delaware animals. Nice story. Too bad that is not the way it happened.

As far as jailtime, I have never commented either way. Frankly, I do think both Jon and Austin should have to serve some time. In Austin's case, I do think his sentence was excessive, especially since there was no medical testimony substantiating what, if any, contributing factor his kick was to Ryan's condition. It may not have mattered at all, especially if you are right and Ryan was already unconscious ... I don't know enough to know whether or not that is true.

I do think it quite add, from a legal perspective, that the trial wasn't moved from whatever county WVU is located in ... no way those boys were getting a fair trial there. Also, they should've never been tried together. Anyone with any legal acumen knows that.
George

Reston, VA

#17 Dec 1, 2010
It doesn't matter who started it. You don't kick a person in the head unless you intend to kill them. Austin Vantrease is a thug who deserve to go to prison for life.
Anonymous 2 is digusting

Macomb, MI

#18 Dec 2, 2010
anonymous 2 wrote:
a fight is a fight. could have just as easily happened to anyone else on any other night in any other place. you should never kick someone when they are down but keep in mind that ryan was not "jumped and brutally beaten" he entered the fight on his own accord knowing full well the consequences that could result. No savage beating occurred, only a few blows that just happened to be devastating. Austin is a good kid who happened to encounter very very unfortunate circumstances and consequences of an occurrence that, although rarely thought of at the time, can always yield such results. You think his intent was to hospitalize someones kid for the rest of his life? People are judging austin on one action out of his entire life. He got in a fight. That does not justify what he did, but that gives no one the right to judge him or his family as maliciously as they have been
You are an idiot. One kick or ten, it doesn't matter. Ryan never swung at or hit Vantrease, Mayo or any of the other Newark thugs. He argued about the Phillies, that was it. In response, was Ryan was WALKING AWAY, Vantrease hit him from behind and when he went down, kick him in the head. That's savage. You're attempt to justify this assualt shows you for the low life you are; probably a criminal too. Austin is a savage. 2-10 years is so short. I don't know what his intent was nor do I care. There was zero justification for assualting Ryan. Kicking a person in the head like punting a football is savage. Apparently you expect good consequences from such an action
Anonymous 2 is disgusting

Macomb, MI

#19 Dec 2, 2010
TRYING TO BE OBJECTIVE wrote:
I only learned of this whole affair one week ago. Seems to me many are to blame. Ryan and his group for verbally initiating the incident, the Delaware boys for making it physical and WVU and the Morgantown community for its tolerance, and almost promotement, of drinking by college students ... it hasn't been listed as the Number 1 party school for no reason at all. Of course, the DE boys bear the greater blame and responsibility, but it is not their's alone.
What happened was a bad and combustible mixture of drinking by underage, immature kids, a 3 am encounter (seriously, what good ever happens at that hour with intoxicated people?) and excessive testoserone. Stupid trash-talking leading to a physical encounter where at least two boys got carried away. They are both responsible for their actions, but it is unfair to label them as animals or deviants simply because of something which occurred in the space of minutes. I am sure they never intended to hurt Ryan as they did but, as others have said, what happened was, and always is, the possible consequence of a physical altercation.
I hope the anger and vitriol will finally end between "Team Diviney" and "Team Delaware". It serves no purpose and is a waste of cosmic energy. This isn't West Side Story. Where all should end up is in prayer. Prayer for Ryan especially. But also, for his family and friends who suffer due to his condition. For the families and friends of Austin and Jon because, although their "loss" is not as devastating, it still is difficult and painful ... remember, this is not a competition! Finally, for Austin and Jon themselves ... that they have a learned a very difficult lesson. Which might lead to them being better people, and some day, useful contributors to society.
Everyone ... learn ... pray ... forgive.
YOu're kidding right; "I am sure they never intended to hurt Ryan as they did"; you expect a different outcome when you hit someone from behind and then kick them in the head like "punting a football". You claim you're trying to be objective but this sentence is an oxymoron.
Common Sense

Jacksonville, FL

#20 Dec 2, 2010
Standing toe to toe and fighting is one thing. If this level of damage had occured in that kind of fight, then you would say that is boys being boys and it is unfortunate. Kicking an unconsious person on the ground is savage, animal and deviant behavior and no other explaination will due. Maybe you would not do this drunk, but being drunk is not an excuse and this vicious attack and therefore deserves serious punishment. Even if this Ryan's verbal insults started the conflict, do you really think this level of beating is justified due to trash talk about sports? More reason for this kid to be locked up since he has no self control.

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