News: Attackers of Broad Run Grad Ryan Diviney Move Civil Trial to Federal Court

Special to VivaLoudoun

Morgantown, W.V. (Sept. 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 maneuvers, the defendant’s attorneys removed the civil case filed against their clients to Federal Court in Clarksburg, WV.


The defendants, Austin Vantrease, Jonathon May, Colin McKeefery, Brandon Groux, Tyler Husfelt, and Alexander Woods, 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, Groux, Husfelt and Woods “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.