A prominent Casper businessman accused of sexually assaulting an unconscious 20-year-old at an Alcova lake house is set to stand trial today.
Tony Cercy, who is known for investing widely in downtown Casper since selling his manufacturing company, Power Service Inc., in April 2016, faces three felony counts of sexual assault. The trial is scheduled to last six days in Natrona County District Court.
Cercy has pleaded not guilty and remains free on a $100,000 cash bond.
The 20-year-old woman told investigators in late June that Cercy had sexually assaulted her while she lay unconscious on a couch following a June 24 party at Cercy’s lake house.
The woman told investigators that she woke to Cercy performing oral sex on her. She said that she immediately pushed him away, but Cercy said he had been trying to “get some action” from her for the past hour, according to court documents reflecting her statements to investigators.
She told investigators that she fell asleep fully clothed but woke with only a bra on. She said Cercy was naked from the waist down.
The woman told authorities that Cercy threatened to kill her if she told anybody about the incident, the documents state.
Investigators interviewed at least 10 people who were at the home that night. Multiple people said they saw the woman asleep on the couch and that she was not responding to loud noises or attempts to wake her. Others said that she had permission to sleep on the couch for the night. The woman told investigators she had been drinking that day.
Friends told investigators that the woman contacted them in the early hours of June 25 to report allegations of assault and to ask for help. One friend said they received a text message from the woman at about 3:21 a.m. asking for help. Another said that the woman called them the next morning and said that Cercy had raped her.
Cercy willingly went to the Natrona County Sheriff’s Office on June 28 so that investigators could collect a sample of his DNA. He was arrested July 28.
Three days later, Cercy was charged with one count each of first-, second- and third-degree sexual assault.
After Cercy entered his pleas, both defense and prosecuting attorneys brought a flurry of motions that were mostly ruled on by Judge Daniel Forgey during a five-hour January hearing.
During that hearing, the judge said he would allow Blonigen to present evidence that Cercy and a friend had an altercation with the alleged sexual assault victim’s then-boyfriend at a Casper bar in spring 2017.
The judge ruled last week to allow certain evidence taken from Cercy’s phone, while disallowing other evidence he said was taken without probable cause.
Cercy is being represented by local attorney Ian Sandefer and Denver attorneys Jeff Pagliuca and Pamela Mackey.
District Attorney Mike Blonigen prepared for the case without the assistance of a second attorney and will be arguing the prosecution’s case alone.