A little more than a year after the alleged offense took place, two Homer men — Anthony Resetarits, 21, and Joseph Resetarits, 19 — were indicted by a Kenai grand jury for one count each of sexual assault in the second degree.
The grand jury indictment now sends the cases from District to Superior Court, according to District Attorney Kelly Lawson.
According to court documents, Joseph Resetarits and Anthony Resetarits engaged in sexual penetration with an object of an individual the two brothers knew was incapacitated.
The incident occurred Sept. 8, 2012, at a teen drinking party held in a private residence on East End Road. Although incarcerated following their arrest, both Anthony and Joseph Resetarits were released on bail in October 2012, and remain out on bail.
At a hearing in Homer District Court in August, Judge Margaret Murphy addressed the prosecution and defense about the cases' lengthy legal process.
"At some point we need to move forward one way or another in these cases," Murphy said at the time.
At another preliminary hearing earlier this month, Assistant District Attorney Scott Leaders said the state had made a plea agreement offer to the defense lawyers. Joseph Resetarits' lawyer, Mike Moberly requested additional time to discuss the offer with his client so he could understand the terms of the agreement. Saying she hoped it was "the final time," Murphy set a hearing for Oct. 3 in Homer. Arraignments are scheduled before Judge Carl Bouman at 2:30 p.m. Oct. 1.
Sexual assault in the second degree is a class B felony, punishable by five to 15 years in prison, with a maximum of 99 years if other aggravating factors exist, said Lawson.
McKibben Jackinsky can be reached at mckibben.jackinsky(at)homernews.com. Used with permission.