Eureka man could avoid jail for sex assault charge

A Eureka man could avoid jail time on a charge of sexually assaulting his 15-year-old stepdaughter if Judge James Wheelis accepts the sentencing recommendation included in the plea agreement with the Lincoln County Attorney’s Office.

Hadley Gene Resh, 35, appeared before Wheelis in Montana’s 19th Judicial District Court Monday, Jan. 25, and entered a plea of nolo contendere, or no contest, to a single felony charge of sexual assault. Under the plea agreement between Resh and the prosecutor, Lincoln County Attorney Bernard Cassidy, the state is recommending Resh be given a six-year deferred imposition of sentence. The punishment prescribed by law for the crime is a fine of up to $50,000 and a prison sentence of not less than four years and not more than 100 years.

The no contest plea, while functionally equivalent to a guilty plea, is not an admission of guilt on the part of the defendant. By pleading no contest, Resh acknowledged not that he committed the crime, but only that the state had enough evidence to prove him guilty beyond a reasonable doubt in a court of law.

The deferred imposition of sentence means Resh will not be sentenced to any prison time or fines, if the judge accepts the recommendation. He would be placed on probation for the time period of the deferral, in this case six years. During that time, any violation of the terms of his probation could result in him being sentenced to the maximum possible penalty for the initial crime. Should he successfully complete the probation term, the original charge against him could be dismissed.

Resh was initially charged Sep. 30, 2014, with one felony count of sexual intercourse without consent, or in the alternative, one count of felony sexual assault. Both felonies carry the same four to 100 year prison sentence.

The charges stem from an incident that occurred between March 28, 2014, and March 30, 2014, in which Resh, then 33, sexually assaulted his then 15-year-old stepdaughter.

The victim, who had moved to Kalispell after the assault, reported it to Kalispell police. The Kalispell detectives conducted a forensic interview with the victim following the crime report, and then contacted the Lincoln County Sheriff’s Office. The case landed on the desk of Detective Duane Rhodes, the Sheriff’s Office primary investigator for sex crimes in Lincoln County.

Rhodes contacted Resh June 10, 2014. During that conversation, according to Rhodes’ narrative attached to the affidavit of probable cause, Resh denied any wrongdoing and attempted to deflect blame to the victim.

“Hadley denied the accusation and gave an explanation of her saying that it was because she got in trouble for sneaking out and the cops had to bring her home,” Rhodes wrote.

Rhodes reported returning to Eureka the next morning to interview Resh again. During that conversation, Resh reportedly admitted to having a drinking problem and not remembering the incident.

“I told him that I didn’t believe he was telling me the whole truth yesterday,” Rhodes wrote. “I knew he was depressed and had been drinking. Hadley lowered his head and nodded, as in agreeing with me. He then admitted he had a drinking problem and that’s why he was going to classes. He said he can’t remember and thatbothers him a lot. Hadley said he had been drinking every night until he got into AA, and confronting him with the accusation doesn’t surprise him and he is ashamed of himself.”

Resh was arrested Sept. 16, 2014, by deputies of the Lincoln County Sheriff’s Office and released on $50,000 bond the same day. He remains free on bond and is next scheduled to appear before Judge Wheelis March 28, 2016, for sentencing.