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Hearings scheduled for major Homer criminal cases

Posted: January 24, 2013 - 10:47am

Last year Homer Police and Alaska State Troopers arrested and charged nine defendants with major crimes ranging from murder to sexual assault. As the new year starts, Homer judges have a full docket as those cases move through the criminal justice system. Here are some major cases and the next scheduled court action:

• Alfred Jones, case number 3HO-12-00213CR. 

Incident: A May 29, 2010, car crash on the Sterling Highway that killed Kathleen Benz, 25, of Washington, D.C. 

Charges: manslaughter, second-degree murder, seven counts of third-degree assault, driving under the influence and fourth-degree misconduct involving a controlled substance, methamphetamines.

Next hearing: 8:30 a.m. Jan. 28, trial call, Judge Charles Huguelet, Homer Courthouse. At the trial call, the judge will review the status of the case and set a further trial date if applicable. Defendants sometimes enter a change of plea during trial call hearings.

• Demarqus Green, 3HO-12-00410CR

Nancie Modeste, 3HO-12-00409CR

Incident: July 8, 2012, shooting death of Demian Sagerser, at his Stariski home.

Green charges: first-degree murder, second-degree murder and tampering with physical evidence.

Modeste charges: tampering with physical evidence.

Next hearing: 8:30 a.m. Jan. 28, trial call, Judge Huguelet, Homer Courthouse.

• Tonee Walker, 3HO-12-00324CR

Incident: July 15, 2012, alleged attempted shooting of Alaska Wildlife Trooper Trent Chwialkowski and endangerment of other drivers on the Sterling Highway.

Charges: Attempted first-degree murder, four counts of third-degree assault, reckless driving.

Next hearing: 8:30 a.m. Jan. 28, trial call, Judge Huguelet, Homer Courthouse.

• Bret Herrick, 3HO-12-00361CR

Incident: Aug. 3, 2012, alleged kidnapping and robbery of a Homer man taken from his home and forced to withdraw money from a cash machine; Dec. 7, 2012, alleged resisting arrest and assault when two Alaska State Troopers arrested Herrick at an Anchor Point store. 

Charges: Aug. 3, kidnapping, first-degree robbery, first-degree burglary, four counts of third-degree assault and third-degree theft; Dec. 7, resisting arrest and two counts of fourth-degree assault.

Next hearing: 8:30 a.m. Feb. 25, trial call, Judge Huguelet, Homer Courthouse.

• Anthony Resetarits, 3HO-12-00443CR

• Joseph Resetarits, 3HO-12-00442CR

Incident: The two brothers are alleged to have sexually assaulted with an object an incapacitated teenage boy at a Sept. 8, 2012, East End Road party. 

Charge: second-degree sexual assault.

Most recent hearing: Jan. 2, Judge Margaret Murphy, hearing on a motions to change bail conditions.

• John Mumey, 3HO-12-00590CR

• Terry J. Lashley-Elliott, 3HO-12-00592CR

Incident: On Dec. 17, 2012, Mumey is alleged to have robbed at gunpoint a Grog Shop clerk and stolen liquor and cash. Lashley-Elliott is alleged to have aided him in the robbery by driving him to Pioneer Avenue before the robbery and later picking him up.

Charge: First-degree armed robbery.

Next hearing: 3:30 p.m. Jan. 8, 2013, preliminary hearing, Judge Margaret Murphy, Homer Courthouse. The Kenai Grand Jury has not yet indicted Mumey and Lashley-Elliott, so under court rules, a preliminary hearing must be held within 10 days if the defendants are in custody.

Through the Alaska Court System’s online system, most criminal, civil and small-claims cases can be tracked using the Court View tool. To search cases, follow these steps:

Go to Court View at http://www.courtrecords.alaska.gov/eservices.

Enter the “click to begin search” button.

Under the “case number” tab, enter the case number, using the format 3HO-YY-00XXXCR, where “YY” is the last two digits of the year when the case was filed and “XX” is the case number. All Homer cases begin with “3HO.” The case numbers begin with either two, three zeroes and then the one-, two- or three-digit number. “CR” stands for “criminal.” For example, the first 2013 criminal case would appear as 3HO-13-00001CR.

Or, under the name search, enter the defendant’s last name and first name. Defendants with more than one case filed against them will show a screen with all those cases. Click on the appropriate case number.

The main screen shows the defendant’s name, date of birth, charges filed and a docket of all court appearances. The latest court action is at the bottom of the page.

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

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