Mark De Simone listens during his trial in Juneau Superior Court on Tuesday, May 1, 2018. De Simone was found guilty of killing Duilio Antonio “Tony” Rosales during a hunting trip in Excursion Inlet in 2016. (Michael Penn | Juneau Empire File)

Mark De Simone listens during his trial in Juneau Superior Court on Tuesday, May 1, 2018. De Simone was found guilty of killing Duilio Antonio “Tony” Rosales during a hunting trip in Excursion Inlet in 2016. (Michael Penn | Juneau Empire File)

Sentencing for convicted murderer pushed back again

Mark De Simone, family of victim will wait more than a year for sentence

By the time Mark De Simone is sentenced, it will have been more than a year since he was convicted of first-degree murder.

The sentencing for De Simone, found guilty of first-degree murder for the shooting death of Duilio Antonio “Tony” Rosales, was scheduled to happen Wednesday but has now been pushed back to mid-June.

Juneau Superior Court Judge Philip M. Pallenberg scheduled the sentencing — which has now been pushed back three times — for 9 a.m. on Monday, June 17. Sentencing is expected to take all day, lawyers said in court Wednesday.

Assistant District Attorney Amy Paige said in court Wednesday that this delay will allow for Rosales’ widow Maria Gonzalez to be at the sentencing in person. Gonzalez is currently attending school out of state, Paige said, and will be able to come up once the current semester is finished.

Duilio Antonio “Tony” Rosales is pictured on a hunting trip in Excursion Inlet May 15, 2016. Later that day, Rosales was shot and killed. Mark De Simone, who was with Rosales on the trip, is accused of murder. (Rosales Family | Courtesy Photo)

Duilio Antonio “Tony” Rosales is pictured on a hunting trip in Excursion Inlet May 15, 2016. Later that day, Rosales was shot and killed. Mark De Simone, who was with Rosales on the trip, is accused of murder. (Rosales Family | Courtesy Photo)

A jury found De Simone, currently 56, guilty of first-degree murder on May 10, 2018, after a two-and-a-half week trial. Sentencing was originally set for Sept. 12, then Dec. 5 and then Feb. 20, but was pushed back each time.

[The city of Juneau just prosecuted its first police body camera trial. Here’s how it went]

Rosales’ death happened during a hunting trip to Excursion Inlet on Sunday, May 15, 2016, as described by witnesses at the trial. The hunting party that included De Simone and Rosales was split between two cabins that week, several witnesses testified, and De Simone and Rosales were alone on the deck of one of them on that Sunday evening.

Rosales, a 34-year-old jeweler and Juneau resident, was sitting on a bench next to a table on the deck and had just taken off his boots, investigators testified. That’s when a Ruger .41 Magnum Blackhawk revolver fired twice, with both bullets hitting Rosales in the head just behind his right ear, forensic pathologists testified.

Mark De Simone enters Juneau Superior Court on Wednesday, May 9, 2018. De Simone was found guilty of killing Duilio Antonio “Tony” Rosales during a hunting trip in Excursion Inlet in 2016. (Michael Penn | Juneau Empire File)

Mark De Simone enters Juneau Superior Court on Wednesday, May 9, 2018. De Simone was found guilty of killing Duilio Antonio “Tony” Rosales during a hunting trip in Excursion Inlet in 2016. (Michael Penn | Juneau Empire File)

De Simone didn’t testify during his trial, but Assistant Public Defender Deborah Macaulay didn’t dispute in court that De Simone pulled the trigger. The main defense in the case was that De Simone could have fired twice accidentally, and two gun experts squared off in the final days of the trial and debated whether that was possible. Jurors were not convinced that De Simone accidentally fired twice and found him guilty.


• Contact reporter Alex McCarthy at 523-2271 or amccarthy@juneauempire.com. Follow him on Twitter at @akmccarthy.


More in News

The Norwegian Bliss arrives in Juneau on Monday, April 14, 2025. (Jasz Garrett / Juneau Empire file photo)
Ships in port for the week of June 15

This information comes from the Cruise Line Agencies of Alaska’s 2025 schedule.… Continue reading

In this still image from a video provided to the Alaska Beacon, the cruise ship Celebrity Edge (at right) is seen drifting toward the Carnival Luminosa (at left). Three other cruise ships are seen moored to the Juneau docks. (Video screenshot)
Coast Guard investigates storm-caused near-collision between two cruise ships in Juneau

The U.S. Coast Guard is investigating a near-collision between two cruise ships… Continue reading

A ferry worker ties up the Hubbard on Sunday, April 21, 2024, as it docks in Haines, Alaska. (Rashah McChesney / Chilkat Valley News)
Weekend ferry cancellation complicates travel for bike relay, solstice

A ferry cancellation will affect travel plans for some participants of the… Continue reading

Chris Storey shows where he found an incapacitated man in an embankment along Glacier Highway in Lemon Creek during the early morning hours of Monday, June 16, 2025. (Mark Sabbatini / Juneau Empire)
Man who collapses near roadside rescued in early morning hours by passerby

Chris Storey, a former adult care worker who was homeless until April, assists man in distress.

Families write messages in chalk outside the governor's mansion on Friday, June 13, 2025. (Natalie Buttner / Juneau Empire)
Chalking up education funding outrage on the sidewalk at the governor’s mansion

Families protest Dunleavy’s vetoes to education funding with colorful pictures and words.

Boats at Douglas Harbor under mostly clear skies on Sunday, June 15, 2025. (Mark Sabbatini / Juneau Empire)
80°F in Juneau will trigger first-ever National Weather Service heat advisories

Officials say sun’s angle in Alaska makes temperatures feel higher compared to other states.

Christina Love leads the audience in raising their fist, symbolizing telling the truth despite fear on Saturday, June 14, 2025. (Natalie Buttner / Juneau Empire)
Juneau joins nation in ‘No Kings’ protest

More than 1,000 protestors join millions nationwide opposing Trump as he presides over military parade.

A row of tents on Teal Street across the street from the Glory Hall on the morning of Saturday, May 14, 2025. Occupants of the tents received a 48-hour vacate notice from the Juneau Police Department on Friday morning. (Mark Sabbatini / Juneau Empire)
Large homeless encampment on Teal Street gets JPD vacate notice; where will occupants go next?

People who keep moving from place to place under “dispersed camping” policy unsure where they’ll go.

Volunteers look for trash on the Jordan Avenue sidewalk at JAMHI’s Community Litter Pickup event on Saturday, June 14, 2025. (Ellie Ruel / Juneau Empire)
JAMHI hosts community cleanup to kick off 40th anniversary celebration

Local addiction and mental health treatment organization plans summer of events and give-back days.

Most Read