Ensuing nearly a decade of disability, former West Virginia University (WVU) student, Ryan Diviney, passed away August 31, 2019. Initially rushed to the hospital by his father, Ken, for a rapid pulse, Ryan lost consciousness and was pronounced deceased soon thereafter. (1)
Ryan’s death, in many ways, marks the end of a public story that began November 7, 2009. Those who followed and watched Ryan’s story unfold nationally were prompted to question public security and how the legal system manages breaches of that security. In hindsight, the tragedy of Ryan’s situations has also created some glimmers of goodness too.
A Brutal Attack
Ryan Diviney obtained a life-changing brain injury one early morning in Morgantown, W. Va. He and several friends had walked to a convivence store near WVU and had exchanged heated words with a larger group outside the store over a baseball team. Regular college shenanigans? Not in this case, as conversations quickly advanced to physical contact.
According to Ryan’s family, Ryan and his friends were all assaulted and harmed by the larger group of people. However, Ryan received the most severe injuries from a strong punch and kick to the head. A witness to the event later said Ryan was unconscious and on the ground when his head was kicked like ‘punting a football’. From all accounts and the convenience store surveillance camera, Ryan had tried to leave the argument once it turned violent, and had been chased down by two assailants. (1, 2)
Good Prevails Over Evil?
Initially, Ryan was given a slight chance of survival in the aftermath of the attack. He received emergency brain surgery, endured life-threatening neurological illness, and remained in a vegetative state, but by some miracle survived. Ken Diviney left his job to care for his son full-time, praying he would regain consciousness.
Ryan and his family did also see some justice, as both of his attackers were sent to prison on battery and assault charges. Legally, Ryan’s family had two other small successes. First, his family filed and won a separate civil lawsuit against Ryan’s attackers for an undisclosed (court sealed) amount. Second, the family established a landmark ruling in federal court, which essentially stated outside donations cannot offset a defendant’s liability to the plaintiff.
Additionally, Ryan’s experience with a brain injury has been made into a documentary, entitled Storming: The Ryan Diviney Story. Ryan’s family hopes this movie will bring to light the challenges of neurological injury and the strength of the community around them. Such a documentary will likely serve to benefit anyone in similar circumstances, and those interested in pursuing a career in neurology. (2)
Ryan’s Family Mourns His Death and Lost Life
Ken Diviney has long been open about his anger towards his son’s attackers. And his son’s death does not alter that anger. Ken calls on memories of his son being good at sports and wanting to pursue law, which now just feel like faraway dreams. To reporter’s, Ken stated, “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.” (2, 3)
In September of 2019, an estimated 19.9 million students started or went back to class at colleges and universities nationwide. Though exciting for many students, back to school time can be naturally stressful and worrisome for parents. For parents who can still remember the story of Ryan Diviney, fears of what can happen at college may be, understandably, more serious than just eating right, losing a set of keys, or incorrectly mixing a load of laundry. Discussing safety openly with post-secondary students and college officials will help quell these fears and prevent horrific experiences like that of Ryan Diviney. (4)
