No verdict in battery, assault case against Livingston officer

The criminal case against a Livingston police officer is set to move into its second day of jury deliberations Friday.

The jurors are charged with deciding the fate of Officer Tyson Perry, 38, who has pleaded not guilty to felony charges of battery with serious bodily injury and assault by a peace officer in connection with a 2012 incident.

The jury began discussing the case behind closed doors at the Merced County Superior Courthouse on Thursday, but did not come to a decision by the end of the day.

Perry was supervising a custody exchange between Dwight Larks, 39, and the mother of Larks’ 15-year-old daughter on May 21, 2012. Prosecutors claim the officer unnecessarily handcuffed Larks, a real estate agent, and used too much force, taking the man to the ground and smashing his face into a concrete porch.

The incident took place outside Larks’ home in Livingston. The man claims to have dated the officer’s wife in 2002, and has said the officer used the word “karma” before taking Larks to jail.

Larks, who now lives in Merced, also has filed a lawsuit against Perry, the city of Livingston and Officer Michael Baker, another officer who arrived after Perry.

Prosecutors argue that the officer violated the agreement in a court-ordered custody exchange. The defense says Larks violated the order by having the daughter on a day designated for the mother.

Larks claims he suffered a concussion during the takedown by Perry. Attorneys for each party quoted findings from doctors – one that said Larks had a concussion and another that said he did not.

Perry’s defense attorneys argued that Larks exaggerated his injuries because he wants to get as much money as possible in his civil case.

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.

Perry was a sergeant before the incident, but was never arrested. He still is employed by the Livingston Police Department, officials have confirmed, although it’s unclear in what capacity.

This story was originally published June 23, 2016 at 7:14 PM with the headline "No verdict in battery, assault case against Livingston officer."