by Tracy McCue, Sumner Newscow — Sumner County District Judge Scott McQuin has determined there is sufficient evidence to bound Sylvester Provencio, 22, of Caldwell for trial during a preliminary hearing held this morning in Wellington. Provencio is facing a felony charge of rape for an alleged incident that took place in Caldwell New Years Eve night.

McQuin has set an arraignment hearing for Thursday, March 10 at 10:30 a.m. where the defense is expected to make a plea. Provencio faces not only an off-grid rape charge but four misdemeanor counts of furnishing alcohol to a minor.

Sylvester Provencio

Provencio is accused of engaging in sexual intercourse with a 13-year-old girl during a party held at the home of his parents.

Today’s preliminary hearing consisted of two testimonies including Mason Eckermann, 19, of Caldwell, an acquaintance of Provencio and the 13-year-old alleged victim during two-hour plus testimony.

On the stand, Eckermann said he had attended a party that night in which alcohol was served and there were around seven people in attendance. He described the evening where people were talking and drinking. He then described a conversation in which Provencio allegedly told him he wanted to have sex with the 13-year-old girl.

Eckermann said he had urged him not to because she was too young. Eckermann then said he left the party early. During cross-examination, the defense had asked him about his previous relationship with the girl in which he was instructed not to have contact with her by parents and local law enforcement.

The girl took the stand and described the evening in which she came to a party with her friend. She said she had three cups of alcohol from four different liquors. She then retreated to a TV room for which she was watching a crime television show.

The girl said Provencio allegedly asked to have sex with him two times, in which both times she said no. According to her testimony, he eventually forced himself onto the couch and on top of her and had sexual intercourse. She said she was unable to get away from him, and was too scared to yell for help.

During cross examination, the defense lawyer spent more than 30 minutes asking her about her whereabouts before and during the party, the timeframe for which events took place, her interaction with her friends that evening, and the reporting of the incident.