Homer brothers plead not guilty to sexual assault of incapacitated teen

Attorneys entered pleas of not guilty in Superior Court on Tuesday on behalf of two Homer brothers charged with sexually assaulting a 17-year-old boy with an object at a teen drinking party in Homer more than a year ago.

 

A Kenai Grand Jury indicted Anthony Resetarits, 21, and Joseph Resetarits, 19, on charges of second-degree sexual assault, in Superior Court on Sept. 20. The arraignment was held following multiple continuances due to representation issues.

Defense attorney Phillip Weidner represents Anthony Resetarits and Joseph Resetarits’s defense attorney is Michael Moberly. All four appeared telephonically before Superior Court Judge Carl Bauman. A representative from the Alaska Office of Victims’ Rights as well as the victim’s mother also called into the hearing, but did not comment.

The brothers’ next court date is scheduled for Nov. 22 with a trial scheduled to begin Dec. 16 in Homer.

According to charging documents filed by Alaska State Troopers, the Resetarits brothers assaulted a 17-year-old boy at a party on East End Road in Homer on Sept. 8, 2012. Trooper investigation and interviews revealed that the victim had been drinking heavily, and passed out at the party about 11 p.m. that night. Teens told troopers people had attempted to wake the boy, but he was unresponsive.

The party grew from a few people to more than 60 Homer High School students and alumni. Fourteen student athletes were served suspensions for being at a party where alcohol was served.

While the alleged victim was passed out, partygoers drew on him with a permanent marker. Anthony Resetarits shaved an “M” for the high school’s Mariners mascot into the boy’s hair, and multiple teens took photos and videos of what was happening, the complaint alleges.

After the “M” was shaved into the boy’s hair, someone suggested a lewd act. The report alleges Anthony Resetarits assaulted the boy with a beer bottle with assistance from Joseph Resetarits, according to the report.

Partiers left shortly after the incident. The alleged victim, who was still unconscious, was taken to his mother, the complaint states.

The father of the boy who started the party and owner of the residence was at home during the party. He told troopers he went to sleep in his room before the party started and didn’t know minors were drinking until the next morning, according to the report.

Troopers received photographs that were taken of the victim while he was being assaulted from a boy who identified the men in the photo as the Resetarits brothers, court documents state.

After the alleged victim was treated at South Peninsula Hospital, a nurse reported the sexual assault to troopers.

The Resetarits brothers were released from custody on $5,000 bail each last October.

If convicted, the brothers each face 5 to 15 years in jail.

A 15-year-old Homer boy was later charged in the incident with the same sexual assault charge. The minor’s name was not released.

 

Kaylee Osowski can be reached at kaylee.osowski@peninsulaclarion.com.

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