By Naomi Klouda
District Court Judge Margaret Murphy ruled on a multi-conditioned bail that requires third-party custodians in order to release Anthony Resetarits, 20, and his brother Joseph Resetarits, 18 from jail Tuesday afternoon.
Homer High School student Joseph was arrested in Homer Thursday morning. His brother was arrested the same day in Anchorage, both charged in the case of a teen boy sexually assaulted Sept. 9 at a party where teens gathered at a home on East End Road.
They were charged with second-degree sexual assault, penetration of an incapacitated person.
Due to the seriousness of the case and both boys’ close ties to Homer youth, Murphy is requiring no contact with the victim, no contact between the brothers, supervised cell phone use only, no Internet except for school work, no contact with the high school and 24-hour sight and sound supervision.
On Sept. 10, a South Peninsula Hospital nurse in Homer reported to the Alaska State Troopers that a 17-year-old male was in the hospital reporting he had been sexually assaulted on or about Sept. 8. A party involving 30-40 young people had taken place on that night at the home of a Homer High School student while the student’s father was at home. The victim arrived at the home at 8 p.m. and was reported by several individuals to be drinking heavily. About an hour later, he passed out on a small couch in the living room of the home.
Troopers say in the charging documents that multiple juveniles interviewed reported the victim was unconscious and not responsive to attempts to wake him up. The party grew from a few initial members to include five members of the football team and graduated alumni into a large gathering of 60-80 people, according to the troopers’ affidavit.
“Although it is currently unknown who provided the alcohol at the party, it was reported that many of the individuals, including the juvenile individuals at the party, were consuming alcohol. The owner of the home, whose son gave the party, reported that he went to sleep in his room, directly off the main living room/kitchen area where the party was held, and was unaware that juveniles were drinking alcohol at his residence until he came out the next morning and found all the alcohol containers.
At some point during the party, after the victim had passed out from alcohol consumption, several individuals as yet unidentified, according to the affidavit, began taking turns writing and drawing things on the victim with a Sharpie marker.
Eventually a male at the party, identified as Anthony Resetarits, shaved an M into the hair on the victim’s head, symbolic for Mariners, the name of the high school football team. It was reported that multiple individuals surrounding the victim on the couch took video and photos of the incident. A female admitted to watching a video of Anthony Resetarits on a friend’s phone as he shaved the victim’s hair into an M. She reportedly deleted the video after watching it. A separate male stated that he tried to wake up the victim while people were drawing on him with the Sharpie, but the victim remained unresponsive.
At some point after the victim had been written on and drawn on, people around him on the couch began to yell out ideas about what should happen next. A unknown teen made a suggestion, and the boy’s pants and underwear were reportedly pulled off. At this point, troopers report that the Resetarits brothers sexually assaulted the victim with a bottle.
Troopers were able to recover multiple photos taken at the party, including those showing the assault. The party was disbanded shortly after the incident and the victim, still unconscious, was taken to his mother by friends.
At Tuesday’s hearing, Prosecuting Attorney Kelly Lawson argued that the severity of the case requires restrictions on the Internet, cell phone use and contact with one another. Judge Murphy said that the brothers are likely more dangerous together than apart to the community.
The victim’s mother also argued that the defendants have too much power over other youth. She said her son is so devastated by the incident that he has moved out of state.
But defense attorneys Bill Taylor, for Joseph and Phillip Weidner, for Anthony, argued neither youth has a criminal record and are innocent until proven guilty. Anthony is a biology major at the University of Alaska Anchorage. Joseph is a senior at Homer High.
Murphy set the bail at $5,000 for each defendant released Anthony to his mother, with a second back-up custodian and Joseph to his father, with a second back-up custodian.
More charges may result from the investigation, said Trooper Sgt. Jeremy Stone. The investigation continues.
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