Livingston officer convicted of assaulting man in handcuffs

A Merced County jury decided Friday that a Livingston police officer acted outside the law when he handcuffed a man during a child custody exchange before throwing him to the ground and shoving the man’s face into a concrete porch.

The jury found Officer Tyson Perry, 38, guilty of felony assault by a public officer. The second felony faced by the officer, battery with serious bodily injury, was reduced to the lesser misdemeanor count of simple battery. Prosecutors said Perry used too much force on Dwight Larks, 39, a real estate agent, for a custody exchange on May 21, 2012.

The jury deliberated for two full days before handing down their verdict before Judge David W. Moranda.

Deputy District Attorney Thomas Min, who prosecuted the case, thanked the jury for their efforts.

“Obviously, they took their duty very seriously,” Min told the Sun-Star.

Perry was supervising a custody exchange between Larks and the mother of Larks’ 15-year-old daughter on May 21, 2012. The incident took place outside Larks’ home in Livingston. Prosecutors said the arrest was “personal.”

Larks claims to have dated the officer’s wife in 2002, and has said the officer used the word “karma” before taking him to jail.

The officer could face a sentence of probation to three years in prison, officials confirmed. He is set to return to court for a sentencing hearing at 10 a.m. Aug. 11.

Perry left the courtroom with his wife Friday. The couple and the officer’s attorneys declined to comment.

Prosecutors said Perry acted as a “rogue cop” and a “bully” and did not try to calm the tense custody exchange; instead, prosecutors said, he was “throwing fuel on the fire.” Min said the officer was condescending with Larks, who became agitated and demanded to see the court order a dozen times to no avail.

Larks, who now lives in Merced, also told Perry to leave his property in Livingston 14 times or the officer would be violating the homeowner’s property rights, prosecutors said. To that, Perry said, “What property rights?” according to an audio recording played during the nearly two-week trial.

Larks and an independent witness testified that the officer took Larks to the ground and then used his hand to ram the man’s face into the concrete a second time.

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.

Reached by phone Friday, Livingston Chief Ruben Chavez said it was too early to comment on how the conviction may affect Perry’s employment.

The conviction could have ramifications on the city of Livingston 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.

This story was originally published June 24, 2016 at 6:02 PM with the headline "Livingston officer convicted of assaulting man in handcuffs."