Va. man brutally beaten 10 years ago dies from his injuries - what now?

[Anonymous]

Anonymous wrote:Virginia hasn't abolished the year-and-a-day rule, so as of now, they cannot be charged with homicide in connection with his death. If the Virginia legislature were to change the rule by statute and explicitly make it retroactive, it's possible they could be.

Even then, though, whether the charges could be proven might depend on what most immediately caused his death. Sometimes the connection between the injury and the cause of death can be very clear cut, such as if the injury left shrapnel in someone's body that couldn't be removed, and that shrapnel eventually moved in a way that directly caused the person's death; no one dies from a shrapnel injury unless someone put the shrapnel in their body to begin with. But if Diviney succumbed to something like pneumonia, though, it would be harder to prove because people who don't have anything resembling Diviney's injuries die of pneumonia every day.

Happened in WV

[Anonymous]

Anonymous wrote:
https://wtop.com/virginia/2019/09/va-man-brutally-beaten-10-years-ago-dies-from-his-injuries/

can the two men who ultimately killed Ryan Diviney be retried, since now it would be considered a murder case?

Or can they not be retried since they've already served time for a much lesser crime?

You watch a lot of TV.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia hasn't abolished the year-and-a-day rule, so as of now, they cannot be charged with homicide in connection with his death. If the Virginia legislature were to change the rule by statute and explicitly make it retroactive, it's possible they could be.

Even then, though, whether the charges could be proven might depend on what most immediately caused his death. Sometimes the connection between the injury and the cause of death can be very clear cut, such as if the injury left shrapnel in someone's body that couldn't be removed, and that shrapnel eventually moved in a way that directly caused the person's death; no one dies from a shrapnel injury unless someone put the shrapnel in their body to begin with. But if Diviney succumbed to something like pneumonia, though, it would be harder to prove because people who don't have anything resembling Diviney's injuries die of pneumonia every day.

Happened in WV

You're right, I forgot. I don't know the law in West Virginia on the year-and-a-day rule, but even if they've abolished it, the second point could still present a barrier to prosecution.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No, it's not their fault the man died a decade later. However, I certainly hope their punishment was commensurate with the victim's very serious medical state as a result of the beating.

Was it? One got seven months or something like that and the other was paroled after four years.

Exactly. Absolutely not commensurate AND people are charged all the time if the death of a victim occurs after the initial attack. Even years later.

Austin Vantrease kicked Ryan's head while he was lying unconscious on the ground and made it impossible for him to recover. He deserves everything that's coming to him. He has a three-year-old now and attended his college. Living life like he didn't callously end Ryan's and completely change another family for the worse.

Can you imagine being this guy's neighbor? Having your kid go to pre-school with his kid? This would probably be my only exception to "invite the entire class except one kid."

[Anonymous]

Anonymous wrote:Virginia hasn't abolished the year-and-a-day rule, so as of now, they cannot be charged with homicide in connection with his death. If the Virginia legislature were to change the rule by statute and explicitly make it retroactive, it's possible they could be.

Even then, though, whether the charges could be proven might depend on what most immediately caused his death. Sometimes the connection between the injury and the cause of death can be very clear cut, such as if the injury left shrapnel in someone's body that couldn't be removed, and that shrapnel eventually moved in a way that directly caused the person's death; no one dies from a shrapnel injury unless someone put the shrapnel in their body to begin with. But if Diviney succumbed to something like pneumonia, though, it would be harder to prove because people who don't have anything resembling Diviney's injuries die of pneumonia every day.

The attacked happened in WEST Virginia.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No, it's not their fault the man died a decade later. However, I certainly hope their punishment was commensurate with the victim's very serious medical state as a result of the beating.

Was it? One got seven months or something like that and the other was paroled after four years.

The law has recognized advances in medical care. As long as you don't die, it's just malicious wounding in Virginia. The resulting vegetative state is practically death, but not legally. They likely plead guilty to some far lesser charge.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No, it's not their fault the man died a decade later. However, I certainly hope their punishment was commensurate with the victim's very serious medical state as a result of the beating.

Was it? One got seven months or something like that and the other was paroled after four years.

The law has recognized advances in medical care. As long as you don't die, it's just malicious wounding in Virginia. The resulting vegetative state is practically death, but not legally. They likely plead guilty to some far lesser charge.

Has should be hasn't autocorrect.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia hasn't abolished the year-and-a-day rule, so as of now, they cannot be charged with homicide in connection with his death. If the Virginia legislature were to change the rule by statute and explicitly make it retroactive, it's possible they could be.

Even then, though, whether the charges could be proven might depend on what most immediately caused his death. Sometimes the connection between the injury and the cause of death can be very clear cut, such as if the injury left shrapnel in someone's body that couldn't be removed, and that shrapnel eventually moved in a way that directly caused the person's death; no one dies from a shrapnel injury unless someone put the shrapnel in their body to begin with. But if Diviney succumbed to something like pneumonia, though, it would be harder to prove because people who don't have anything resembling Diviney's injuries die of pneumonia every day.

The attacked happened in WEST Virginia.

Look who didn't bother to finishing reading the thread before jumping on the reply button.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No, it's not their fault the man died a decade later. However, I certainly hope their punishment was commensurate with the victim's very serious medical state as a result of the beating.

Was it? One got seven months or something like that and the other was paroled after four years.

The law has recognized advances in medical care. As long as you don't die, it's just malicious wounding in Virginia. The resulting vegetative state is practically death, but not legally. They likely plead guilty to some far lesser charge.

The attackers couldn't have been charged with murder when the victim was still alive, even in a vegetative state or even a coma. Sometimes people recover from that, so how could it be murder?

The law is correct here. They should not have been, could not have been charged with murder or manslaughter.

[Anonymous]

I've been thinking a lot about this too. I'm a WVU alum and spent many years living in Morgantown, and this was devastating to see happen.

Ryan's primary assailant, Vantrease, did not even go to WVU; like many if not most of the worst weekend trouble-makers there (and there are many trouble-makers, I'm under no illusions it's a school full of America's best-behaved), he was visiting. Like many of these visitors, he likely got blind drunk and decided to fight someone.

I keep wondering if they can charge him again. West Virginia isn't known for being progressive in much of anything, so I doubt they would be regarding a statute of limitations law. I hope I'm wrong. Seeing these guys go free like they have is just sickening. I hope they get new murder charges and get locked up for life, or worse.

Oh, and I'm a bleeding heart liberal SJW.

[Anonymous]

He didn't die from the injuries. He died from an infection.

[Anonymous]

What is wrong with the young men is this country that kicking a human being's head like a football is even contemplated much less carried out drunk or not?

[Anonymous]

Anonymous wrote:He didn't die from the injuries. He died from an infection.

....that would not have been present had he not been beaten "to death" (essentially). Had his parents chosen to not put him on life support, he would have died then and there or soon thereafter. But because his parents went to extraordinary measures for their son, these guys get off with a slap on the wrist. because that is really all it was- a slap on the wrist.

Were it me that was responsible for this - I am not sure I could live with myself. I would either eventually end my own life, or find a way to punish myself for the rest of my long damn life.

[Anonymous]

Anonymous wrote:He didn't die from the injuries. He died from an infection.

Which is how many people in a vegetative state wind up dying. The vegetative state was why the infection happened. The vegetative state was inflicted on him by his assailants.

Those guys didn't just push the guy or talk smack to him, they injured him resulting in his early, untimely death. This was a healthy, smart, athletic kid who basically got robbed of his right to life, liberty and pursuit of happiness. It's horrific and I am absolutely appalled for his family. Those poor parents have been dealing with the most devastating, unspeakable grief imaginable.

[Anonymous]

Anonymous wrote:

Anonymous wrote:He didn't die from the injuries. He died from an infection.

Which is how many people in a vegetative state wind up dying. The vegetative state was why the infection happened. The vegetative state was inflicted on him by his assailants.

Those guys didn't just push the guy or talk smack to him, they injured him resulting in his early, untimely death. This was a healthy, smart, athletic kid who basically got robbed of his right to life, liberty and pursuit of happiness. It's horrific and I am absolutely appalled for his family. Those poor parents have been dealing with the most devastating, unspeakable grief imaginable.

Even if they were charged, any decent defense attorney is going to look for intervening causes for his death to negate causation, which means the nature of the care Diviney's parents provided him would be picked apart and analyzed for any little mistake they might have made. Will it bring the Divineys any peace to go through a trial and have the two men go free because a jury felt like maybe the parents' faulty care taking caused the infection?