An East End Road man arrested for second-degree terroristic threatening has had the felony charge dismissed and was released on June 20.
Homer Judge Margaret Murphy ordered the charge against Joe Kuzmin, 38, dismissed because there was not a preliminary hearing held for him within 10 days of his arrest on June 9. Under Rule 5 of the Alaska Rules of Criminal Procedure, a defendant in custody on a felony charge must either have a preliminary hearing or be indicted by a grand jury within 10 days or the charge is dismissed.
Kenai District Attorney Scot Leaders said that at the time of the hearing, prosecutors had been waiting for a trooper report to assess the evidence against Kuzmin but did not have that report. Leaders said his office now has the report and will proceed forward with the case. Kuzmin could still be charged again or indicted by a grand jury.
Kuzmin was arrested at his Falls Creek Avenue home after troopers received an anonymous 911 call that he had caused trouble at a Kachemak Selo wedding. Troopers found Kuzmin tied up and drunk at his home. According to a criminal complaint by Trooper John Probst, troopers at 3:13 p.m. June 9 went to Kuzmin’s home and found him there.
Troopers went to a Kachemak Selo wedding party and talked to guests. Several people told troopers that Kuzmin came to the party uninvited and started drinking. They said he became unruly when asked to leave and made death threats against members of the wedding party, saying he was “going to kill them with his 30.06 and 9mm” firearms, Probst wrote.
People at the party physically restrained Kuzmin and took him back up the hill to his home and called 911. The people told troopers Kuzmin has a violent history. The people did not wish to be identified for fear of retaliation. According to online court records, Kuzmin has convictions for felony and misdemeanor assault.
Michael Armstrong can be reached at email@example.com.