by Tracy McCue, Sumner Newscow — While Tuesday’s conviction of Sylvester Provencio, 22, of Caldwell on one felony and three misdemeanors was most certainly a victory for Sumner County attorney Kerwin Spencer, the 12-person jury did lower the level of aggravated battery than what the prosecutor was asking.

Provencio was convicted Tuesday of “reckless” aggravated battery which is a level 5 felony in Sumner County District Court. Spencer had asked the jury to consider convicting him of simple aggravated battery. The difference will result in Provencio serving around nine less months, depending on circumstances.

Felonies based on a grid system and the seriousness of the crime. A Level 1 felony is considered the most serious of crimes and are stair stepped down to Level 9 – which is considered the weakest.

Spencer said the difference in the two levels of aggravated battery is based on intent. The jury determined that Provencio “recklessly” injured Greg Schneider, 54, of Caldwell, during a brawl on April 22, 2015, east of Caldwell. That means, Provencio attacked Schneider recklessly without planning to harm Schneider as opposed to the level 4 aggravated battery charge where he deliberately tried to hurt him.

Had Provencio received the level 4 aggravated battery conviction he could probably be spending anywhere from 41 to 45 months. Instead, he could likely spend 32 to 35 months for reckless aggravated battery. Of course, the amount of years that Provencio will ultimately serve for this crime depends on Judge Scott McQuin, who will sentence Provencio at a hearing on June 23 at 1:30 p.m.

Spencer said that Nick Reedy, 33, of Caldwell was also convicted of reckless aggravated battery during a plea bargain agreement last week.

A Sumner County juror contacted Sumner Newscow this morning and explained why the jury made the decision it made.

Carla Huffman, who was one of the 12 jurors and two alternates serving during the eight-day trial, said the jury was split during its three hours of deliberation.

She said the jury was split 7-5 with some wanting the more severe aggravated battery charge and others wanting the lesser charge, because they felt there not being enough evidence to link Provencio to Schneider, who incurred the most injuries. During the trial, the defense emphasized that Provencio was fighting with Bryan Nispel, 56, of Caldwell on the other side of the ditch after the two older men who stopped to help get a pickup out of the mud that the two younger men were driving.

In the end, Huffman said, the pictures of Schneider convinced the jury of Provencio’s guilt. She stated:

“We really believed they were working as a team when Greg Schneider was on the ground. There were so many wounds that we felt not one man could have inflicted that many wounds. There were wounds on the right side of the body and then the left. We did not feel a person would kick on one side and then run around and kick on the other side. That shows there were two.

We felt there was inflicted damage to the head area and then damage to the body area. We decided they were working as a team and there was no doubt that (Provencio) was involved in harming Greg Schneider.

She then said:

“We felt the same way about the car. We didn’t care who was driving the car. We felt they were working as one and the person that got to the car first was the one driving and it didn’t matter.”

Huffman said the jury felt although there was mistakes made in the investigations, the investigators did an excellent job collecting evidence.

Defense attorney Jess Hoeme when contacted by Sumner Newscow this morning said he was surprised with the verdict. But he defended the jury nevertheless.

“The jurors are always right and I believe in the jury system,” Hoeme said. “And I believe they believe what they thought was right. I will never question any of them.”

But Hoeme said he believes there was not sufficient evidence to convict his client.

Hoeme said he will continue to represent Provencio, who is also charged with rape, an off grid felony. His trial is set to begin on June 21 at the Sumner County courthouse.

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