by Tracy McCue, Sumner Newscow — Two unrelated Sumner County cases involving rape allegations have been delayed after being scheduled for jury trials late this year.

Sylvester Provencio

Sumner County Attorney Kerwin Spencer said the Sylvester Provencio rape trial, scheduled for this week, will be delayed at least until Dec. 29 due to mental competency evaluation testing.

Lancy Lough

In the Lancy Lough case, which was originally to be set for jury trial on November 8, could be moved back until late February.

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Provencio, 22, of Caldwell is accused of rape, an off-grid felony.

Spencer said the judge has granted a request from Provencio’s attorney to conduct a mental evaluation to determine if he is competent to stand trial. The test is being conducted through the Sumner Mental Health Center in Wellington and should be completed within three weeks Spencer said.

He said a hearing is set for Dec. 29 at 1:30 p.m. in Sumner District Court. If Provencio is determined to be competent to stand trial, the judge will set a jury trial date then.

Provencio allegedly raped a 13-year-old girls during a New Year’s Eve Party at the home of his parents in January, 2016 in Caldwell.

He is currently serving a 31-month-sentence on an unrelated crime for the conviction of reckless aggravated battery involving the attack of two Caldwell men in August, 2015.

Provencio pled not guilty on March 24 during his arraignment.

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Lough, 53, of Wellington is accused of three felony charges including aggravated kidnapping, rape and aggravated criminal sodomy. All three are level one felony – considered the most severe level in felony cases.

A court deposition is scheduled for Thursday at 9 a.m. and the jury trial is currently set for Jan. 10. However, Spencer said he believes the trial will be set back at least until the end of February.

Lough is accused of holding a 41-year-old woman against her will, physically assaulting her during an incident that occurred in the early morning hours. She was transported to Sumner Regional Medical Center where she was treated for injuries. (See full story here). 

In an unrelated case involving Lough, charges were dismissed on a Dec. 26, 2015 incident when he was accused of aggravated assault with a firearm, a level 7 felony. He allegedly pointed a handgun at a woman and told her to “tell her daughter goodbye,” which caused her to allegedly jump out of a moving pickup.

However, that case was dismissed without prejudice after the witness recanted her prior statement.