A federal judge in Wyoming has dismissed a sexual assault lawsuit against a prominent Casper businessman.

Attorneys for Tony Cercy and his accuser's attorneys reportedly reached the settlement on December 27. Judge Nancy D. Freudenthal dismissed the lawsuit on December 30.

The terms of the settlement are unknown.

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The dismissal marks the latest development in a case that began in criminal court in 2017 when Cercy was accused of sexually assaulting the woman.

A jury in February 2018 acquitted Cercy of first- and second-degree sexual assault with a mistrial being declared an additional count of third-degree sexual assault.

The next year, a jury convicted Cercy of third-degree sexual assault, but the Wyoming Supreme Court threw out the verdict. 

In June, Cercy's accuser filed suit in federal court and sought an unspecified amount in damages, though the filings did state they were in excess of $75,000.

Cercy was 55 at the time of the allegations and the woman was 20.

The federal court filings essentially restated the allegations for which Cercy was tried twice in criminal court, namely:

  • The woman was at a residence near Alcova Reservoir which Cercy formerly owned.
  • She laid down on the couch at Cercy's lake house fully clothed.
  • She woke up to Cercy sexually assaulting her after her clothes had been removed.
  • The woman attempted to flee Cercy's lake house but was not familiar with the area. At some point, Cercy pulled up to the woman and forced her into his side-by-side vehicle. Cercy then drove her to a friend's trailer where she believed her friends were staying. She reportedly described the drive to the trailer as frightening.
  • Cercy told the woman if she told anyone about the incident, he would have her killed.

Freudenthal dismissed the lawsuit with prejudice, meaning she cannot file another suit regarding the allegations against Cercy.

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