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

[Anonymous]

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?

[Anonymous]

I'd be surprised if they could leverage this into criminal charges. Maybe civil?

[Anonymous]

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.

[Anonymous]

It sounds like he has been in a vegetative state ever since?

https://wtop.com/news/2014/07/parole-granted-in-wvu-beating-case/

The linked article made it seem like the family was grateful he had lived this long so I assumed he had some quality of life. They also talk about his wishes for organ donation - again was he communicating with them or was this a wish from pre-attack?

I don't think there is any further action. The family chose to keep him alive indefinitely in a vegetative state for whatever reason.

[Anonymous]

What an absolutely tragic case. That poor man and his family went through hell. And, yes, the men who did this to him have blood on their hands. I don't know if the courts will make them pay for his death but I do believe that Karma will.

[Anonymous]

I believe one of them got 1 year in jail and another 4 years. Doesn't seem like enough.

[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?

Interesting question! It’s not double indemnity as they would not have been charged with murder in the first case but now that he’s dead it could be considered murder. I’m sure that a prosecutor is looking into this especially at what the original charges were and how long the two guys spent in jail. I hope they are charged and when found guilty their sentence would be reduced by time already spent in jail.

[Anonymous]

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.

[Anonymous]

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.

I dunno how commensurate their punishment was. the one guy - Austin - seems to have gone on with his life based on the pics of him with his pregnant (wife/girlfriend), and pics of him with his child.

the whole thing is just tragic.

[Anonymous]

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.

If he died as a result of his injuries from the beating, it's absolutely their fault.

New charges were considered after James Brady died years after he was shot.

I just skimmed this article but it covers the topic. https://thecrimereport.org/2015/09/15/2015-09-when-death-comes-later-can-a-murder-charge-stick/

[Anonymous]

The circumstances are horrifying and sad beyond belief.

[Anonymous]

Legally, under the old common law rule, they are not guilty of homicide if the victim survives a year and a day. Some states no longer follow it but 10 years is a long time.

https://en.wikipedia.org/wiki/Year_and_a_day_rule#The_rule_and_homicide

[Anonymous]

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.

NP. Whaaat? If he died as a direct or indirect result of his injuries then yes, it's absolutely "their fault". What is wrong with you? You think I should be able to brutally beat you within an inch of your life, then walk away since well, never mind, you didn't die right then and there?

I really, really wish all the SJWs were forced to go live on some crappy island somewhere with all the criminals they love to protect.

[Anonymous]

Anonymous wrote:What an absolutely tragic case. That poor man and his family went through hell. And, yes, the men who did this to him have blood on their hands. I don't know if the courts will make them pay for his death but I do believe that Karma will.

Really? The one guy seems like he’s thriving.

[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.

NP. Whaaat? If he died as a direct or indirect result of his injuries then yes, it's absolutely "their fault". What is wrong with you? You think I should be able to brutally beat you within an inch of your life, then walk away since well, never mind, you didn't die right then and there?

I really, really wish all the SJWs were forced to go live on some crappy island somewhere with all the criminals they love to protect.

After 10 years? That's not SJW. That's common sense. It's the old common law and I can't see why it wouldn't apply here.