A former West Virginia University (WVU) student who has spent the last decade in a coma following a 2009 Morgantown assault at the hands of two Delawareans has died.
Ryan Diviney of Ashburn, Virginia, was 20 years old at the time of the attack.
He passed away on Sunday, September 1, 2019, according to the "Ryan's Rally: We Got This" Facebook page.
Ryan's father Ken says he, his wife and daughter are "shattered."
"We thought we had prepared for it but it didn't matter. All the preparation it didn't matter in the end. It still hurts. It's like he died twice."
The first time was the early morning hours of November 7, 2009 when a verbal altercation took place between two groups of young men outside a Morgantown convenience store. Ken Diviney says it was about baseball.
Ryan Diviney's friend was punched and knocked out. Ryan himself was punched and knocked to the ground and subsequently kicked in the head.
The father says Ryan hit his head on a steel grate when he fell to the ground after the first punch, and that witness testimony described the kick to the head as if the suspect was "punting" a football.
Jonathan May and Austin Vantrease, both from Newark and 18 years old at the time were convicted in connection with the case.
May, also a WVU student, was found guilty of misdemeanor battery for the punch and served seven months of a one-year sentence.
Vantrease was convicted of malicious assault for the kick to the head, and was paroled in 2014 after serving four years behind bars.
Ryan suffered permanent brain damage. The Divineys have cared for him ever since.
Ken says it's important to get out to people how appreciative they are to everyone who has supported Ryan and their family over the years.
"The outpouring of love to Ryan has everything to do with him as a person before the attack.
"Without communities like West Virginia, Morgantown, even particularly people from your area (Delaware) would make gifts and buy things for his comfort and care.
"There's no way he would have been in the condition that he was able to survive in, and he wouldn't have survived without the people loving him and our family."
As far as the perpetrators, the elder Diviney says he's still angry and he tells others it's okay to be angry.
"Justice wasn't served from the attackers. There was no remorse. No restitution. We didn't see any moral consciousness coming from them."
Diviney says the pair was supposed to pay $100-thousand in restitution. To his knowledge he says they've gotten $42.
WDEL contacted the Monongalia County Prosecutor's Office, which tried the case, to inquire if upgraded charges could be filed but they have not returned our phone calls.
WDEL attempted to reach Austin Vantrease for comment but he has not returned our phone call.
WDEL was unable to reach Jonathan May.
Services for Ryan Diviney will be held Friday and Saturday and are open to the public. He'll be buried in Leesburg, Virginia.