THERMOPOLIS -- The nine women and three men of the jury deciding the third-degree sexual assault case against Casper businessman Tony Cercy, have retired for the night.

The trial in Thermopolis ended today with closing arguments and jury instructions from Natrona County District Court Judge Daniel Forgey. The case was then given to the jury shortly after noon Tuesday.

At 8:55 PM, Natrona County District Court Clerk Gen Tuma told attorneys, family members, friends and reporters that after nearly nine hours of deliberations, the jury was calling it quits for the evening.

At one point this evening, the jury requested a chance to look at the transcript from the first Cercy trial in February.

Forgey declined the request.

They will resume deliberations at 8:30 a.m. Wednesday.

 

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The case started the night of June 24-25, 2017, when the alleged victim was drunk and went to Cercy's former house at Alcove Lake. She passed out on the couch and said she was awakened about 3 a.m. with most of her clothes removed and Cercy was performing oral sex on her.

She testified last week that she slapped him, yelled at him, retrieved her clothes and unsuccessfully called and texted friends asking for help. She said she walked outside the house, Cercy drove his side-by-side to her, gave her a ride to near a friend's trailer, and told her he would have her killed if she told anyone.

Cercy has denied the assault happened.

He was charged in July 2017, and a jury in Natrona County District Court acquitted him of first- and second-degree sexual assault during a trial in February.

However the jury deadlocked on one count of third-degree sexual assault, Forgey declared a mistrial, the alleged victim asked Blonigen to retry the case, and Forgey moved the trial to Hot Springs County.

If Cercy is convicted, he faces up to 15 years in prison.