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Reedy pleads guilty; Provencio takes case to trial jury; opening statements made

first_imgby Tracy McCue, Sumner Newscow — Nick Reedy, 33, and Sylvester Provencio, 22, of Caldwell were both involved in the same April 22, 2015 brawl which took place in southern rural Sumner County. They were also charged with essentially the same felonies and misdemeanors by the Sumner County attorney’s office. But it appears they are taking different paths in the criminal justice system.Nick ReedyReedy pled guilty this morning to aggravated battery, a level 5 felony and criminal deprivation of a motor vehicle, a class A misdemeanor for the alleged assault of Gregory Schneider, 53, and Bryan Nispel, 55, of Caldwell. He made the plea agreement at 8 a.m. before the start of the jury trial held today in Sumner County District Court.Sumner County Attorney Kerwin Spencer said he will be recommending prison time in hopes that Reedy will spend anywhere from 32 to 36 months. His sentencing hearing is scheduled for the early part of July. Reedy is currently out on bond.Sylvester ProvencioProvencio, however, has made no plea and his jury trial went forward today. He is also facing a jury trial on felony rape charges in an unrelated incident scheduled for June 21.Spencer said Reedy will not testify in the Provencio aggravated battery case this week.“Technically, Reedy is still considered in trial until his sentencing,” Spencer said. “So he has the right to remain silent.”Today’s actionsA 12-person jury was selected during the morning and mid-afternoon hours amongst more than 50 individuals.  Then the Provencio trial started around 3 p.m. and Spencer and Provencio’s defense attorney Jess Hoeme, of the firm Joseph, Hollander & Craft LLC in Wichita made their opening statements.It is clear from the start that this jury will be hearing two very different versions of what happened on that April night in which a confrontation broke out between three young men and two older men on Mayfield Road, just south of U.S. 81 Highway near Caldwell.During his opening statements, Spencer described the night in which Nispel and Schneider were driving in separate cars east of town when they saw a vehicle stuck in the mud. Schneider was the first to arrive in a pink Cadillac. Allegedly, Provencio and Schneider started arguing in which Sylvester threw the first punch.That led to a melee in which eventually, according to Spencer’s testimony, Provencio and Schneider were wrestling in a muddy ditch. Reedy and Nispel joined in the fight. A third person, Austin Townsend, who was with Reedy and Provencio at the time, left the scene and ran back to Caldwell on foot. Reedy then proceeded to kick Schneider while he was on the ground. Spencer said Nispel escaped from Reedy and was able to get to his Dodge Ram truck where he had a cell phone and called 911. After explaining the situation to 911, he turned his vehicle around to go back to help his friend who was now being kicked by both Reedy and Provencio.Nispel then allegedly used his truck to knock Reedy and Provencio down, who were still beating up Schneider, but did not run over them. The two young Caldwell boys then ran and stole the pink Cadillac and drove to Caldwell, Spencer said.Spencer said Schneider, who was transported to Sumner County Hospital in Caldwell, suffered severe head and neck trauma, a concussion, ruptured eardrum, extensive bleeding from cuts and abrasions all over his body, cracked teeth and two broken ribs.The rest of the storyHoeme then addressed the jury and for the first time publicly described the night from Provencio’s perspective.“What you haven’t heard is that earlier in the evening it was Greg Schneider’s birthday and he had been drinking beer at a local drinking establishment for six hours. You also never heard that Bryan Nispel had been drinking at the same bar since 9 p.m.,” Hoeme said. “So it is safe to say later in the evening when these two individuals met up with these three young men in the country, that this turned into a brawl of five drunken individuals.”Hoeme spent much of his testimony questioning the true cause of the attack. Using salty language he described how both Snyder and Nispel were not being good Samaritans when approaching the three men with the stuck vehicle, but instead arrived with malice wishing to pick a fight.Hoeme also speculated that Snider had no intention of pulling the vehicle out, because the Cadillac was ill-suited to do so and he had no rope or chains with him.He then said Schneider initiated the conversation by calling Provencio a “f—ing Mexican.”“I ask you the jury, do you believe that these three men who had their vehicle stuck in the mud out in the country, would just up and start a fight with two men who were supposedly only being polite and good Samaritans?” Hoeme said. “Or was there more to it. You need to know the rest of the story.”Hoeme said once Townsend fled, there were only four people who actually knew what happened that night.Hoeme described the events in which Nispel had used his pickup as a weapon to attempt to run over his two clients which he did so. And they had no other alternative but to run to the closest available car which was Schneider’s Cadillac in hopes of not being run over a second time.“You call that stealing a car?” Hoeme said. “You call running for your lives and getting into a Cadillac in order to save yourself, the same thing as stealing a car?”They did not try to hide the Cadillac once returning to Caldwell, but parked it a block from Reedy’s mother’s house, Hoeme said. And in the process, Reedy too wanted to call 911 but was unable to do so because of the heat of the situation. However, his mother was able to get through to 911 once they arrived home.Hoeme then encouraged the jury to follow the trail of blood that was found on the Dodge vehicle that led to the Cadillac.He then questioned whether law enforcement conducted the investigation with an open mind.“Were the questions bilateral? Were they fair?” Hoeme asked rhetorically. “Or did it appear, that the law enforcement doing the investigation had their minds made up before they ever talked to anyone?”He then urged the jury to keep an open mind.“I urge you to keep your ears and mind open when listening to testimony in this trial,” Hoeme said. “Because the prosecution will only tell you part of the story. But there is always a rest of the story.”Other trial items•The afternoon session was called before the jury could listen to the 911 tapes by Nispel. Those audio tapes will be heard immediately when the court reconvenes tomorrow morning.•One juror asked if she could take notes. After the jury was excused, Hoeme said the notes of one juror may be biased and he would be comfortable if she would just listen. Judge Scott McQuin concurred and will not allow note taking.•Hoeme also wanted to make sure witnesses were not collaborating stories. It was determined that witnesses would not be allowed in the court room and could not discuss the case to one another outside the proceedings.Follow us on Twitter.last_img read more

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