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911 tape and Bryan Nispel testimony highlights Day 2 trial of Provencio assault trial

by Tracy McCue, Sumner Newscow — Sumner County jurors heard the 911 tape and the testimony of Bryan Nispel, one of the alleged victims of the April 22, 2015 brawl in Sumner County during day two of the Sylvester Provencio jury trial.

Provencio, 22, of Caldwell is facing charges of aggravated battery, a level 5 felony and criminal deprivation of a motor vehicle, a Class A misdemeanor. His counterpart Nick Reedy, 33, of Caldwell has already pled guilty.

The second day of the trial was highlighted by a 10-minute audio of the 911 tape of Nispel who called from his Dodge Ram pickup during a melee involving Provencio; Reedy; Nispel, 55; and Gregory Schneider, 53, of Caldwell.

Jurors also heard the testimony of Austin Townsend, who had been with Provencio and Reedy before the brawl, but left and returned four miles to his home in Caldwell on foot once the fight started taking place.

Caldwell physician Jim Blunk and Sumner County 911 Director Marcie Bristor also were called to the witness stand in a full day of testimony at the Sumner County District Court.

Nispel was the first witness called to the stand by Sumner County Attorney Kerwin Spencer, who was involved in the melee that night over a year ago.

Nispel described a normal day preceding the event in which he was in Caldwell to pick up tomatoes, watch some of a track meet and eventually to Joe B’s tavern where he met of with Schneider to play some cards. He said he had three beers and a bag of chips at the 3.2 establishment.

Both Nispel and Schneider left around midnight and proceeded east into rural Caldwell where they lived. Nispel said he noticed a truck that appeared to be stuck in the mud on the south side of U.S. 81. He had a cell phone and drove past them. He called Schneider, who was driving behind him, telling him to stop and see if anyone needed some help.

Schneider was driving his wife’s pink Cadillac at the time because his pickup had a flat tire. Nispel said he called a friend who had a chain, and he drove to the next block, made a U-turn and came back. When he got there he rolled down the window and heard Schneider say “that’s a prick way to act for two people trying to help you.”

He said at first it appeared as if Provencio and Reedy were fighting and then Provencio had turned to him and started cussing and screaming at him. He said then Provencio charged him where the two exchanged blows. The first hit knocked him in the pickup but he was able to get in a good blow after the second hit, before Provencio hit him a third time. The two ended up wrestling in the mud in the east ditch on the opposite side of the white Toyota pickup that was stuck.

Nispel said it was very dark and he could not tell the whereabouts of Schneider but heard him ask if he was all right. Nispel decided he would get back to his truck which was still running and call 911. It was at this point he said on his way back to the truck he was hit in the back twice.

He was eventually able to get to the truck and turned it around only to see that Reedy and Provencio were kicking Schneider on the ground, who appeared to be unconscious. Nispel said he used his pickup to knock them into the ditch so they would stop kicking Schneider. He said the two boys fled and got into Schneider’s pink Cadillac and left the scene.

Nispel said he got out and saw that Schneider was unresponsive with blood gushing, his head swelling and his eyes rolling in the back of his head. He said he had been a paramedic earlier in his life and had seen victims die who had looked better than Schneider looked at that moment.

It was then that Ed Baker and Becky Gonzalez arrived. Nispel said Baker was cooperative but Gonzalez started screaming at him about this being a “little deal and he shouldn’t call the police.” Nispel told Baker to get her away from him. Nispel said he loaded Schneider in the pickup and took him to Sumner County Hospital in Caldwell where emergency personnel were standing by.

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Earlier in the day, Blunk testified that Schneider had scalp lacerations, one inch laceration on the nose, lots of bruising, fracturing of his 11th and 12th ribs, arm abrasions, lower abrasions on knees, contusion of the kidneys, problems with vertigo and severe concussions during his three-day hospital stay. 

He said Schneider suffered from vertigo and had a severe issue with standing up, and vomited frequently from the concussion. When asked if any of these injuries were life threatening he said the injury to the brain was very serious and could have been fatal.

Blunk said he walked with a shuffle for a long time due to balance issues. He suffered from five blunt forces. During cross examination, when asked were any of these blunt forces caused by him getting run over by Nispel’s vehicle, Blunk said it was not.

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