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

A sign on a city bus urges the use of face coverings, but following an ordinance passed by the City and Borough of Juneau Assembly, all passengers will now be required to wear masks on buses and while using other city facilities. Friday, May 29, 2020. (Peter Segall | Juneau Empire)
Face coverings now required on buses, in city facilities

Masks will be provided for those who cannot afford them.

Juneau City Hall on Monday, March 30, 2020. (Peter Segall | Juneau Empire)
Finance committee votes to hold line on property tax

“Projects will still go on. Services will still go on.”

Police calls for Friday, May 29, 2020

This report contains public information available to the Empire from law enforcement… Continue reading

Police calls for Thursday, May 28, 2020

This report contains public information available to the Empire from law enforcement… Continue reading

Police calls for Wednesday, May 27, 2020

This report contains public information available to the Empire from law enforcement… Continue reading

Michael S. Lockett | Juneau Empire 
                                Henry Williams runs from Douglas to the Mendenhall Valley on Memorial Day to honor dead service members, including his relative, Air Force Tech Sgt. Leslie Dominic Williams, who died in Afghanistan in 2011.
Memorial Day passes quietly amid coronavirus concerns, damp weather

People found their own ways to honor the hallowed dead.

Archie (center), Ella (left) and Arrow (right) enjoy the dog-friendly Field 2 in Melvin Park on April 26, 2020. The field, Dimond Park, and the grassy area on top of Gold Street are all closed to dogs indefinitely due to a rising amount of unremoved dog poop. (Ben Hohenstatt | Juneau Empire)
Poop piles pose problem for parks

Three areas are closed, and more may follow if behavior does not improve.

Most Read