New charges filed in 2012 teen drinking party case

The Alaska Department of Law last week filed new charges against two brothers suspected to be involved in the assault of a teenage boy at a September 2012 Homer teenage drinking party.

In documents filed Dec. 24 at the Homer Courthouse, Anthony Resetarits, 22, now faces felony charges of first-degree hindering prosecution and tampering with felony evidence. He and his brother, Joseph Resetarits, 20, also were charged with one count each of second-degree harassment, a misdemeanor. Anthony Resetarits also faces a second misdemeanor charge of contributing to the delinquency of a minor.

The men have not been arrested and no court arraignment has been set.

Both men had previously been indicted with second-degree sexual assault, but those charges were dismissed in August by Kenai Superior Court Judge Carl Bauman after Michael Moberly, Joseph Resetarits’ lawyer, filed a motion arguing that the state provided insufficient evidence to support an indictment and that hearsay evidence presented prejudiced the grand jury hearing.

In charging documents filed in October 2012, Alaska State Troopers said that a teenage boy then 17 had been sexually assaulted with an object at a Sept. 8, 2012, party at an East End Road home. About 60 to 80 teenagers and young adults attended the party, many of them members of the Homer High School Mariners football team, including Joseph Resetarits. The victim had passed out drunk and had his head and eyebrows shaved. People also wrote on him with markers. Troopers learned of the assault when the boy’s mother took him to South Peninsula Hospital and nurses reported the assault.

When he dismissed the original sexual assault charges for the Resetarits brothers, Bauman made a point of saying that the boy was a victim.

“I say victim because I believe there’s a victim,” Bauman said then. “It’s not an alleged victim, it’s a victim — which is not to say who is responsible for that victim, but there’s clearly a victim in the court’s view.”

In his decision, Bauman also mentioned the grand jury testimony of a nurse who treated the victim. The nurse said that the boy’s injuries were consistent with an assault, the judge wrote.

In the new charging documents filed by Assistant District Attorney Paul Miovas, prosecutors now allege that Anthony Resetarits harassed the boy. The unconscious boy was harassed for about three hours by other people at the party, and party-goers encouraged the harassment and photographed it, Miovas wrote. That harassment escalated and ended with one or more people sexually assaulting, attempting to sexually assault or mimicking sexually assaulting the boy with an object.

Prosecutors said witnesses reported photographs and a video had been taken of the incident, but troopers only recovered one photograph directly associated with the Resetarits brothers of them posing with the object next to the boy.

Miovas also wrote that after seizing phones, troopers did not find photographic evidence supporting statements by witnesses claiming Anthony Resetarits, a male then 18 and a boy then 16 were responsible for the assault. Witness statements later proved to be unreliable, Miovas added.

“Due partially to intoxication, some of the witnesses’ accounts of the incident have been slightly unclear, and many of the witnesses ultimately confessed that they had not been forthright or had actively lied to the investigators,” Miovas wrote.

The new charging documents name a then 18-year-old male not previously identified with the case, but as of Monday that man has not yet been charged. That person also was a Mariner football player. In October 2012, the boy then age 16 was charged with second-degree sexual assault and referred to the Office of Juvenile Justice. His lawyer, Joseph Skrha, said he could not comment on the case except to say his client is innocent.

The latest charging documents also claim that Anthony Resetarits destroyed or encouraged others to destroy evidence.

“When the defendants and the other party goers found out that the incident had been reported to the troopers and was being investigated as a sexual assault, many of them began to destroy evidence they had of the crime,” Mioavas wrote.

Miovas wrote that Anthony Resetarits admitted he had a photograph on his cell phone of the victim passed out with him and Joseph Resetarits posing, but when he found out troopers were investigating, he deleted the photograph.

Messages were left with Anthony Resetarits’ lawyer, Phillip Weidner, seeking comments, but his office is closed until Jan. 5. Moberly, Joseph Resetarits’ lawyer, also was asked for comment, but a receptionist said he was not available.

Michael Armstrong can be reached at michael.armstrong@homernews.com.

More in News

Linda Galloway, of Kenai, fills out her absentee ballot at Kenai City Hall on Wednesday. (Photo by Brian Mazurek/Peninsula Clarion)
Questions on casting your ballot?

There are 12 days left until th Nov. 3 general election.

Kenai librarian Bethany McMilin demonstrates how to use Lynda.com, an online learning resource available for free through the public library system, at the Kenai Community Library on March 13, 2019. (Photo by Brian Mazurek/Peninsula Clarion)
Kenai Community Library goes late fee-free

The Kenai Community Library will no longer charge daily late fees for materials.

COVID-19. (Courtesy of CDC).
DHSS reports more than 200 new cases for fifth time this week

The statewide alert level, based on the average daily case rate for the last two weeks, is high.

Kenai City Hall on Feb. 20, 2020, in Kenai, Alaska. (Photo by Victoria Petersen/Peninsula Clarion)
Kenai City Council discusses COVID-19, emphasizes diligence

Growing infection numbers, increased case rates and mask compliance were all discussed.

File
file
Free flu shots available Saturday

Shots will be available Saturday from 10 a.m. to 2 p.m. in the lot of Kenai Central High School.

Gov. Mike Dunleavy, bottom right, participates in a press conference via Zoom videoconferencing along with members of his public health team on Wednesday, Oct. 21, 2020. Top left: Jamie Hartung, interpreter; top right: Heidi Hedburg, director of Public Health; center left: Dr. Joe McLaughlin, chief of the Alaska Section of Epidemiology at the Alaska Department of Health and Social Services; center right: Adam Crum, commissioner of the Alaska Department of Health and Social Services; bottom left: Dr. Anne Zink, chief medical officer; bottom right: Gov. Mike Dunleavy. (Screenshot by Brian Mazurek/Peninsula Clarion)
‘We always knew that virus cases were going to rise’

In first press conference in almost two months, Dunleavy addresses recent virus surge

This graphic shows the Kenai Peninsula Borough School District risk levels associated with different numbers of new COVID-19 cases. (Image courtesy Kenai Peninsula Borough School District)
High case counts to keep schools remote for another week

Central and southern peninsula schools to continue remote learning through Oct. 28

COVID-19. (Image courtesy CDC)
State reports 204 new cases, 15 on the peninsula

The statewide alert level, based on the average daily case rate for the last two weeks, is high.

Most Read