by Tracy McCue, Sumner Newscow — Two Caldwell men have pled not guilty and have asked for a jury trial at their arraignment held Thursday at Sumner County District Court stemming from an alleged attack last April.

Both Nicholas Reedy, 33, and Sylvester Provencio, 21, of Caldwell are charged with two felony and three misdemeanor charges for the alleged attack of Gregory Schneider, 53, and Bryan Nispel, 55 of Caldwell, four miles east of the community on April 22, 2015. Provencio has an additional charge of disorderly conduct, a Class C misdemeanor.

Both are scheduled to go to trial on March 8, 2016 with a pre-trial hearing on Feb. 19, at 9:30 a.m. Sumner County Attorney Kerwin Spencer said he will motion at the pretrial hearing to try both men simultaneously. However, according to the Kansas Supreme Court, defendants have a right to a separate trial.

“Just one of their defense attorneys could object to a dual trial at the pretrial hearing, and the judge will grant them their request,” Spencer said. “I would prefer to consolidate the trials for obvious reason. But that is a decision that is out of my hands.”

Since Reedy and Provencio pled not guilty at the arraignment, they are not expected to plea bargain, Spencer said.

Of the felony and misdemeanor charges, the most severe of the crime is aggravated battery, a level 4 felony.

The complaint states:

“(The defendants) knowingly caused great bodily harm to another person, to -wit Greg Schneider, by punching and knocking Schneider to the ground and continuing to punch and kick him while he was helpless on the ground and caused Schneider to have a concussion, ruptured ear drum, severe head and neck trauma, cracked teeth, two broken ribs, bruises over much of his body and cuts and abrasions which required stitches and staples.”

Both men have been out on bond since July 11 and are to have no contact with the alleged victims.

The two suspects are accused of assaulting Schneider and Nispel in what is being described as a good Samaritan act turned into a violent situation four miles east of Caldwell around 12:15 a.m. on a Wednesday night.

In the complaint, Provencio is being charged for pushing and punching Nispel, and for verbally threatening him by saying “you think you’re a tough guy, but I’m going to beat your ***”

Both Provencio and Reedy are also 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.

The charges came after an extensive investigation by Sumner County Detective Jeff Hawkins, Sergeant Jessie Cornwell and Detective Lee Patterson.

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