A former Casper businessman is denying allegations that he sexually assaulted a woman in 2017 and is asking that a lawsuit filed against him by the woman be dismissed.
Tony Cercy, in a response to the lawsuit filed against him in June, denied all of the allegations it raised and said the woman failed to state a reason in her civil lawsuit why Cercy should be required to pay damages.
“Mr. Cercy asserts an award of punitive damages would be in violation of his rights under the United States Constitution and the Wyoming Constitution, including, without limitation, his rights to due process and equal protection,” said the response, filed in U.S. District Court on Monday.
The lawsuit stems from an allegation that Cercy, now a Texas resident, sexually assaulted the woman at his house at Alcova Reservoir after she fell asleep on his couch.
A jury in 2018 acquitted Cercy on two charges stemming from the incident. In a second trial, Cercy was convicted on a charge of third-degree sexual assault.
The conviction was overturned by Wyoming’s Supreme Court on the grounds the jury in his second trial was given improper instructions. Prosecutors declined to seek a third trial.
The woman, now South Carolina resident, then filed her civil lawsuit in U.S. District Court. The lawsuit said the woman was “very intoxicated” when she went to a party at Cercy’s house and fell asleep on his couch.
She alleged she awoke to find Cercy performing oral sex on her.
But Cercy, in his response, denied all the allegations of sexual assault, along with accusations he threatened to have the woman killed if she mentioned the incident to anyone.
“Mr. Cercy denies that he was a party to any event, act or omission giving rise to this action,” the response said.
In addition to dismissal of the lawsuit, Cercy’s response asks that he be compensated for any fees and costs associated with his defense.