Anthony Resetarits, 22 years-old of Homer, will plead guilty to the lesser charges of felony evidence tampering and hindering prosecution charges according to his lawyer.
According to charging documents from the Alaska State Troopers, in 2012 Anthony and his brother Joseph Resetarits were allegedly involved in sexually assaulting a then 17 year old boy who had passed out during a party at an East End Road home.
Anthony’s defense attorney Phillip Weidner said Resetarits did not sexually assault the teen but acknowledges responsibility for his inappropriate conduct, which was a product of his own intoxication.
A Kenai grand jury indicted Resetarits and his brother in September 2013 on felony charges of sexual assault.
Kenai Superior Court Judge Carl Bauman dismissed the men’s previous charges of second-degree sexual assault in August after Joseph’s lawyer filed a motion arguing the state provided insufficient evidence to support an indictment along with some evidence presented had been hearsay and had prejudiced the grand jury.
At the time of the event, witnesses had said there were photographs and videos taken on cell phones of the assault but Alaska State Troopers were only able to recover one photo related to the incident.
The new charges filed state that Anthony deleted photos and encouraged others to do so also.