Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

What specifically do you not understand about the above?

It’s a word salad of weird speculation.

Not if you understand the law. In order to convict for murder, you have to show that the accused’s actions were the proximate cause of the victim’s death, and that there was nothing that happened in between the accused’s actions and the death that more directly caused the death. In this case, if there were evidence suggesting that the infection that led to Diviney’s death might have been contracted because one of his parents had gotten lax about hand washing, or because of an outbreak of that infection at a hospital where Diviney had a procedure, it breaks the causal connection between the assault and his death because the assault itself didn’t cause the infection, it was someone else’s error that actually cause the infection, even if the consequences of the assault made him more susceptible to infection.

Taking it out of this highly charged context, let’s say you cause a car accident when you accidentally rear-end someone. The other driver suffers a broken wrist and goes to the ER by ambulance for treatment. But on the way there, the ambulance gets into an accident and the other driver dies in that accident. Should you be convicted of vehicular manslaughter? After all, the other driver never would have gotten into that second accident in the ambulance if you hadn’t read-ended them in the first place. Or is the proper answer that you are only liable for the injury you directly caused in your own accident (the broken wrist)?

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?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was murder by imprisonment - that constitutes 1st degree murder in the West Virginia code.

No, it wasn't. But you're cute for trying.

They purposely assaulted him which led to his false imprisonment (vegetative state) and ultimately his death.

His there case law on this (I hope)?

*Is

I'm not a lawyer so I don't know. But, even if there is no precedent, there is a first time for everything. This kid needs justice.

Just regular old murder is fine. There's no reason to make up novel theories like that.

There has to be some sort of precedent or murder by imprisonment would not be in the West Virginia code.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

What specifically do you not understand about the above?

It’s a word salad of weird speculation.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

What specifically do you not understand about the above?

It’s a word salad of weird speculation.

I agree the post is unclear, but you are unnecessarily harsh.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

What specifically do you not understand about the above?

It’s a word salad of weird speculation.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

What specifically do you not understand about the above?

Anonymous wrote:

Anonymous wrote:

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?

What are you babbling about?

Anonymous wrote:

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?

Anonymous wrote:

Anonymous wrote:The prosecutors office should find something to hang a charge on so they can bring these guys in. In shackles. Make them wait it out in county jail with no bail. Get the story back on the front pages and the evening news in all its terrible detail. Make their lives hell.

Write letters and hound the prosecutor

Anonymous wrote:The prosecutors office should find something to hang a charge on so they can bring these guys in. In shackles. Make them wait it out in county jail with no bail. Get the story back on the front pages and the evening news in all its terrible detail. Make their lives hell.

Anonymous wrote:The prosecutors office should find something to hang a charge on so they can bring these guys in. In shackles. Make them wait it out in county jail with no bail. Get the story back on the front pages and the evening news in all its terrible detail. Make their lives hell.

Anonymous wrote:The prosecutors office should find something to hang a charge on so they can bring these guys in. In shackles. Make them wait it out in county jail with no bail. Get the story back on the front pages and the evening news in all its terrible detail. Make their lives hell.

In cases of imprisonment, as with poisoning and the other enumerated actions, the court was of the view that the underlying legislative intent was to hold the perpetrator guilty of first degree murder "without further proof that the death was the ultimate result, which the will, deliberation and premeditation of the party accused sought." Id.; see Howell v. Commonwealth, 67 Va. (26 Gratt.) 995, 997 (1875).