by Tracy McCue, Sumner Newscow — A 12-person jury is now in deliberation in the Sylvester Provencio aggravated battery trial. Provencio, 22, of Caldwell, is accused of assaulting Greg Schneider, 54, and Bryan Nispel, 56, both of Caldwell, in a brawling incident that occurred on April 22, 2015, east of the community.

The jury broke for deliberation at 11:15 a.m. today, and will decide on the level 5 felony aggravated battery charge as well as a couple of misdemeanor charges including criminal deprivation of a vehicle. Nick Reedy, 31, pled guilty to aggravated battery last week and is awaiting sentencing.

Both Provencio and Reedy were accused of feloniously punching and knocking Schneider to the ground and continuing to punch him while he was helpless causing him to have a concussion, ruptured ear drum, severe head and neck trauma, cracked teeth, two broken ribs, bruises over much of his body, cuts, and abrasions which required stitches and staples, according to the complaint. The incident occurred in what originally appeared to be a good Samaritan act that turned ugly after Provencio and Reedy along with a third person had a white Toyota pickup stuck in the mud in a ditch, about five miles east of Caldwell.

Sumner County Attorney Kerwin Spencer and defense attorney Jess Hoeme presented their closing arguments to the 12 jurors and  two alternates which were announced just before deliberation. 

For the second time in the trial, Spencer presented the five-minute 911 tape during his closing arguments. He reviewed much of what had been said during the trial concerning the circumstances leading to the four-person brawl, the escape of the Provencio and Reedy in Schneider’s Pink Cadillac, and their whereabout thereafter.

Hoeme then presented his case to the jury. He spoke about the frustration of having a truck stuck in the middle of the night. He then spoke of the aggressive confrontation of Schneider when he arrived. He then when over lack of blood sampling by the investigation, Reedy’s missing boots, Provencio’s clean shoes, and how Provencio had little contact with Schneider during the brawl, but instead fought with Nispel, who was relatively unhurt.

“There is no denying that Mr. Schneider’s injuries were significant, it was a terrible thing,” Hoeme told the jury. “But Reedy did that to him. Not Provencio.”

Hoeme then urged the jury to deliberate with an open mind.

“You will see once you review all the facts that you can’t prove beyond a reasonable doubt that Provencio was the cause of Schneider’s injuries,” he said.

Judge Scott McQuin gave the jurors a set of instructions and excused them and asked them to weigh all the evidence and not that of the testimony of either attorney.

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