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Sylvester Provencio found guilty of reckless aggravated battery

by Tracy McCue, Sumner Newscow — Sylvester Provencio was found guilty of aggravated battery, a felony, by a Sumner County jury late this afternoon for his part in a brawl that took place more than 13 months ago in rural Sumner County.

Provencio, 22, of Caldwell was also found guilty of misdemeanor charges of criminal deprivation of a vehicle, battery, and disorderly conduct. He will be sentenced on June 23 at 1:30 p.m. His accomplice Nick Reedy, 33, of Caldwell, pled guilty last week to aggravated battery and criminal deprivation of a vehicle.

“I think the sentencing will be comparable to that of Nick Reedy. We are anticipating Provencio getting anywhere between 32 to 35 months,” said Kerwin Spencer, Sumner County attorney.

The jury deliberated for about three hours before coming back with its verdict. Provencio, dressed in a long sleeved striped tri-colored polo shirt, was ushered back to Sumner County jail where he has been held in custody for an unrelated felony rape charge filed in January. That trial has been set for June 21.

Judge Scott McQuin thanked the jury for their service stating that this trial “took much longer than your usual Sumner County trial.”

Indeed, it did. The trial started last Tuesday with the verdict coming slightly over a week later that called on 19 witnesses and tedious hours of legal wrangling between the prosecution and defense attorney Jess Hoeme.

“This has been a long trial for jurors, for the judge and myself,” Spencer said.

Spencer said it also took longer than usual to bring this case to trial. The brawling incident took place on April 22, 2015. Provencio and Reedy are convicted of assaulting Greg Schneider, 54, and Bryan Nispel, 56, of Caldwell after they stopped in what was considered as a good Samaritan act over a stuck pickup in the mud.

The encounter deteriorated into a melee in which the four men were fighting. Eventually Schneider ended up in the Sumner County Hospital in Caldwell for three days where he was treated for 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 defense had unsuccessfully tried to convince the jury that Provencio fought Nispel and did not take part in Schneider’s injuries.

Provencio and Reedy were also convicted of taking Schneider’s Cadillac after the melee.

Spencer said he does not know if Judge McQuin will make the sentences concurrent or consecutive. Even though Provencio was convicted with two additional misdemeanors —  battery for his fight with Nispel and disorderly conduct for cussing — he doesn’t think it will result in a longer sentence than Reedy.

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