THE DAILY ATHENAEUM
“Little good is accomplished without controversy, and no civic evil is ever defeated without publicity.”
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Monday August 29, 2011
VOLUME 125, ISSUE 7
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Diviney’s father, friend files suit By Charles young Associate City Editor
Ken Diviney, the father of former West Virginia University student Ryan Diviney, along with Brian McLhinney, a close friend of Ryan’s, have filed a civil suit in connection with the 2009 beating that left Ryan in a comatose state and McLhinney injured. The lawsuit, filed in Monongalia County Circuit Court, names Austin Vantrease, Jonathan
May, Colin McKeefery, Brandon Groux, Tyler Husfelt and Alexander Woods as defendants. According to the suit, other individuals could be named later. Ryan and McLhinney were attacked at approximately 3:10 a.m. on Nov. 7, 2009, near the North Willey Street Dairy Mart in Morgantown. The altercation resulted from an argument about the World Series, according to police reports. May and Vantrease were convicted for their roles in the
attack. May was released after serving less than one year in prison at the North Central Regional Jail for battery and lives in Delaware, according to the lawsuit. Vantrease is currently serving a two to ten year sentence for felony malicious assault at North Central Regional Jail. His request to be transferred to a correctional facility or released on parole was denied this summer. After their convictions, both
May and Vantrease were ordered to pay restitution to the Diviney family. According to Ken, neither attacker has made any attempt to do so. “They haven’t shown any goodwill,” Diviney said. “They haven’t paid a cent of courtordered restitution. They’ve made no efforts to help. Sadly, they show no remorse. These men have an obligation to my son and family.” Ken said he felt he was forced to file the lawsuit, say-
ing he was out of options. The lawsuit alleges Vantrease and May “willfully and/ or maliciously” caused Ryan’s severe injuries, and McKeefery, Groux, Husfelt and Woods “substantially encouraged” the physical altercation and prevented Ryan from escaping. According to video evidence shown during the criminal trials of May and Vantrease, Ryan attempted to back away and leave the scene prior to the attack.
by mackenzie mays city editor
Mallory Bracken/THE DAILY ATHENAEUM
Kevin Groden tries to convince his dog, Sam, to enter the pool during “Dog Day” Sunday afternoon. The event was put on by Animal Friends of North Central West Virginia and all proceeds went to their no-kill shelter.
Dogs and their owners take the plunge for no-kill shelter Despite inclement weather, more than 300 dog owners brought their dogs to the annual “Dog Day in the Pool” event Sunday afternoon at Marilla Pool. The event was hosted by the Animal Friends of North Central West Virginia and raised money for Morgantown’s only no-kill animal shelter.
“ Top: Kevin Groden entices his dog, Sam, with a treat during the limbo contest at “Dog Day.” Above: Dogs jump from their owners into the pool at Marilla Park at the start of the swimming race Sunday afternoon during “Dog Day.”
“The proceeds from the event go to support our ongoing efforts at our no-kill animal sanctuary. At our shelter, animals are rescued from kill shelters and are nurtured until they can find forever homes.”
”
Ronda Smith
Animal Friends of NCWV
Officials confirm no concert at stadium By Mackenzie Mays City EDitor
Despite talks of a proposed concert to be held for the first time at Milan Puskar Stadium this fall, West Virginia University spokesman John Bolt said the concert will not happen due to scheduling conflicts. “We were unable to get everything pulled together far enough ahead of time in order to hold the concert at the stadium,” Bolt said. University officials met with the state fire marshal this summer to discuss safety regulations for the concert. In July, the Associated Press
reported that State Fire Marshall Sterling Lewis Jr. confirmed up to 6,000 people could safely stand on Mountaineer Field during the concert, while other seating would be available in the 60,000 seat stadium. “We just weren’t able to get all the pieces together in time. Necessary discussions with the marshal pushed us back, and it was all dependent on the artists’ availability,” Bolt said. But, plans for concert events on the field are still in the works, he said. “We absolutely still want to have events within the stadium. We are still working for
a concert on the field at a later date,” Bolt said. No University officials confirmed the rumors that country artists Brad Paisley and Carrie Underwood were the artists scheduled to perform. “Brad Paisley would obviously be someone who would want to do something like this,” said Ali Daly, public relations specialist for WVU Arts & Entertainment. “It wasn’t able to get worked out this time around, but I’m sure in the future we’ll continue to look at it as an option.”
@BelmonteMMA Mountaineer Field concert sounds amazing!
@JakeRuddle A concert at Mountaineer Field would be legendary
@RyanDGreen I feel like it’d only be a good idea if its a big enough act to fill the entire stadium.
@tjespina It would be a great source of revenue for WVU. It’s a great idea!
mackenzie.mays@mail.wvu.edu
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Country singer/songwriter Corey Smith performed Saturday night. A&E PAGE 3
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Univ. encourages students to sign up for text alerts
DOG DAYS
Mallory Bracken/THE DAILY ATHENAEUM
The video shows May punching Ryan when he was not looking, causing him to become unconscious and fall, hitting his head on a metal grate. According to an eyewitness, Vantrease then kicked Ryan in the head “like punting a football.” Ken said his son remains in a coma-like state at their Ashburn, Va., home, where he requires round-the-clock care.
CONTACT US Newsroom 304-293-5092 or DAnewsroom@mail.wvu.edu Advertising 304-293-4141 or DA-Ads@mail.wvu.edu Fax 304-293-6857
ON THE INSIDE The No. 17 West Virginia women’s soccer team beat George Mason 3-0 after suffering a 5-0 loss to Penn State. ON PAGE 8
Within hours of Tuesday’s 5.9 earthquake, about 200 West Virginia University students signed up to receive emergency text alerts. Officials plan to test the University emergency alert system today at 10 a.m. in hopes of increasing its 9,000 person registration list. “The key to getting the alert to be as effective as possible is getting people to sign up,” said University Police Chief Bob Roberts. The system is activated to warn students via text message whenever their safety is at risk, whether that be due to a hostage situation, inclement weather or some sort of man-made disaster. “One of the big things we do is put out closures during the winter,” Roberts said. “But if we were to have a man-made disaster, like an explosion, we have messages already set up to be sent out.” Texts will advise students to take the necessary precautions depending on the situation, such as to evacuate or to move to designated shelters. “We only use the system when it’s absolutely needed. We try not to overwhelm the
ALERT TEST TODAY The university will test the text alert system today at 10 a.m. students so it doesn’t lose its impact,” Roberts said. “Once the officer on the scene gets the sufficient information to know what we have, that’s when the decision is made as to whether or not we need to send a text alert.” John Bolt, WVU spokesman, said the system is the most effective way to reach the student body instantly. “It’s really the only way to get the news to the students fast no matter where they are,” Bolt said. “Everyone has a cell phone, and this way, the alert is in their back pocket.” Once the alert is sent, the message will be broadcast on the 75 information stations across campus, said director of Web Services Cathy Orndorff. “When the text alert is triggered, it sends an RSS feed over to the digital signage, which also automatically feeds the message onto all of the screens throughout the
see alerts on PAGE 2
Dooley to serve as Interim Dean of College of Human Resources & Education By Alex Dufour Correspondent
Elizabeth A. Dooley has been named Interim Dean of the College of Human Resources & Education. Dooley, who replaced Dee Hopkins, took over as interim dean on Aug 15. “I am looking forward to working with the great faculty and staff here at the College of Human Resources & Educa- Elizabeth Dooley tion and to the matriculation of our students and their success,” Dooley said. “I just want to continue the success already happening here at the college and optimize it.” Dooley said she believes it is important to strengthen West Virginia’s K-12 classrooms and other areas within human resources be-
cause they relate to youth and adult populations in the community. “I have always believed in teaching, research and scholarship,” Dooley said. Dooley earned a bachelor’s degree in elementary education and special education from Alderson-Broaddus College in 1979, a master’s in special education from West Virginia University in 1986 and an Ed.D. in special education and educational leadership from WVU in 1989. The College of Human Resources & Education includes six academic departments including rehabilitation counseling; curriculum and instruction; educational leadership studies; special education; speech pathology and audiology; and technology, learning and culture. “We are all committed to students receiving a quality education across the board in every aspect,” Dooley said. danewsroom@mail.wvu
POISED FOR SUCCESS Redshirt senior safety Eain Smith missed spring practice with a shoulder injury but is poised to have a breakout final season. SPORTS PAGE 7