by Tracy McCue, Sumner Newscow — Sylvester Provencio, 22, of Caldwell will be sentenced by a Sumner County District Court Judge Thursday for a reckless aggravated battery felony conviction determined by a jury last month.

In an unrelated case, Provencio accused of rape, an off-grid felony, has had his jury trial delayed until Oct. 4 at 9 a.m.

Provencio is currently in Sumner County jail awaiting Judge Scott McQuin’s sentencing set for 1:30 p.m. Thursday in Wellington. He was convicted of one felony and misdemeanor charges of criminal deprivation of a vehicle and disorderly conduct for the assault of two elderly Caldwell men on April 22, 2015 in rural Sumner County. A 12-person jury handed in the verdict after a week-long trial.

Provencio’s accomplice, Nick Reedy, had foregone a jury trial and pled guilty to reckless aggravated battery and criminal deprivation of a motor vehicle. He is scheduled for sentencing in July. Reedy is currently out on bond.

Provencio was charged for the assault of Gregory Schneider, 53, and Bryan Nispel, 55, of Caldwell during what started out as a Good Samaritan act that turned violent during the midnight hours after Provencio, Reedy and a third person had gotten their pickup stuck in the mud about five miles east of Caldwell.

The trial lasted seven days, and the jury handed out a reckless aggravated battery charge which is a level 5 felony. Sumner County Attorney Kerwin Spencer had sought a level 4 aggravated battery charge. The jury, however, determined that Provencio “recklessly without planning” attacked Schneider as opposed to the level 4 charge which met he “deliberately” tried to hurt him. The difference means that Provencio will likely spend 32 to 35 months in prison for the felony, as opposed to 41 to 45 months. Of course, that will depend on McQuin.

Provencio was also scheduled for another jury trial this week on the rape charge, an off-grid felony. However, that has been continued to October.

He is accused of raping a 13-year-old girl during a New Year’s Eve Party at the home of his parents on Jan. 1.

He pled not guilty in March. The jury trial was originally scheduled to start in May but has now been delayed twice.