Day 8 — Tony Cercy Trial: Jury Reconvenes For Deliberations
The jury of the sex assault case of Casper businessman Tony Cercy reconvened at 9 a.m. today to continue its deliberations in Natrona County District Court.
The six-man, six-woman jury ended its deliberations about 9 p.m. Wednesday, about nine hours after it received the case from Judge Daniel Forgey.
Before that, the court heard the closing arguments from District Attorney Mike Blonigen and Cercy defense attorney Jeffrey Pagliuca.
This is the eighth day of the trial, which originally was scheduled to end Tuesday.
Cercy was arrested July 28, and heard the charges against him on July 31.
He is charged with:
- One count of first-degree sexual assault (rape), when the perpetrator "knew or reasonably should have known that the victim was physically helpless and that the victim had not consented," which is punishable by between five and 50 years of imprisonment.
- One count of second-degree sexual assault (intrusion) "by means that prevent resistance by a victim," which is punishable by between two years to 20 years of imprisonment.
- One count of sexual contact "without inflicting sexual intrusion and without causing serious bodily injury," which is punishable by up to 15 years of imprisonment.
Court records say the alleged victim told a Natrona County Sheriff's investigator she, her boyfriend, friends and acquaintances arrived at Alcova Lake on the evening of June 23 and spend the next day at the lake. She was drinking heavily and passed out on the rear deck of a boat at Sandy Beach.
On Saturday evening, they went to another location and about 9:45 p.m. went to a residence on Cedar Drive North owned by Cercy.
She said she went into the residence and passed out on the couch in the middle of the living room.
She woke up, looked down and saw Cercy performing oral sex. She pushed him away and asked what he was doing, and he responded he was trying to "'get some action'" from her for the last hour with his "'tongue and "d---,'" according to the affidavit.
Nearly all of her clothing had been removed and Cercy was naked from the waist down, according to the affidavit.
The alleged victim said he eventually gave her a ride to a friend's house and threatened to kill her and himself, according to court records.