Tyson Perry, a now former Livingston police officer, was sentenced Thursday to serve three months in jail for assaulting a handcuffed man in 2012, according to the Merced County District Attorney’s Office.
The 38-year-old veteran police officer’s employment with the city of Livingston also ended Thursday, Chief Ruben Chavez confirmed.
Chavez said he couldn’t comment on the situation, citing personnel laws requiring confidentiality, but did say Perry was “no longer employed with the Livingston Police Department.”
Perry was ordered to begin his three-month jail sentence next month. He also was ordered to serve three years of felony probation. He had been facing a maximum possible sentence of three years in the county jail.
Judge David W. Moranda cited Perry’s lack of any criminal history when he handed down the sentence in Merced Superior Court, authorities said.
Perry was convicted in June of assault by a public officer, a felony in connection with an incident on May 21, 2012, involving real estate agent Dwight Larks.
Perry was supervising a custody exchange between Larks and the mother of Larks’ 15-year-old daughter. The incident took place outside Larks’ home in Livingston. Larks claims to have dated the officer’s wife in 2002, and has said the officer used the word “karma” before taking him into custody.
Prosecutors said Perry handcuffed Larks, threw him to the ground and shoved his face into a concrete porch.
Thomas Min, Merced County deputy district attorney, said he was “generally satisfied” with the outcome of the case.
“I’m just happy the victim was satisfied with the process,” Min said.
It was unclear whether Perry plans to appeal the case. His attorney, William Rapoport, could not be reached for comment Thursday.
The conviction could have ramifications on the city as Larks has filed a lawsuit against Perry, the city and Michael Baker, another officer who responded to the custody exchange. Baker now works out of the area.
Larks, in his lawsuit, is seeking an unspecified amount of compensation for his medical care, loss of wages and distress, as well as the “deprivation of civil rights,” according to the claim filed in Merced Superior Court. That case is set for the new year.
Thaddeus Miller contributed to this report.
Rob Parsons: 209-385-2482