Updated | 1:59 p.m.
Mark DeSimone has been convicted of first-degree murder in the death of Duilio “Tony” Rosales. A Juneau jury returned with a verdict Friday morning after roughly six hours of deliberations that started Thursday. Trial started April 25.
Maria Gonzales says it was painful reliving the details of her husband’s death over the last three weeks. Gonzales is the widow of Rosales who was shot and killed at an Excursion Inlet cabin in May 2016.
Gonzales broke down and ran from the courtroom shortly after the verdict was read.
“I think there will always be an open hole in my heart forever,” Gonzales said. “Forever, because he took my husband. He was a really good man, you know. He didn’t deserve to die like that. Nobody! Not even him. Not even him!”
Gonzales and Rosales had a little girl, who’s now kindergarten age. For Gonzales, feelings are still raw after two years.
“I’m still emotional,” Gonzales said. “I’ve been waiting for this for two years, and finally I can say that he’s going to be fine with God. And, anyways, they’re going to give him a hundred years, but it’s not going to bring my husband back. But…that makes me feel a little bit better.”
First-degree murder was the most serious of the charges filed against DeSimone. He was also charged with two counts of second-degree murder, manslaughter, and criminally negligent homicide. But the jury did not have to deliberate on those lesser charges after agreeing on a verdict for first-degree murder.
The defense attorney never disputed that DeSimone shot Rosales. Instead, Assistant Public Defender Deborah Macaulay argued that the two shots were unintentional discharges from a revolver that did not have a required safety modification.
Prosecution said there was nothing wrong with the operation of the revolver. Assistant District Attorney Amy Paige argued that a repeated cocking, aiming, and firing of the single-action revolver was DeSimone’s own choice.
Sentencing is scheduled for Sept. 12. DeSimone faces a term of between 20 and 99 years in prison.
Updated | 11:05 a.m.
A jury found Mark DeSimone guilty of first-degree murder in the May 2016 death of Duilio “Tony” Rosales.
The four-man-and-eight-woman panel returned Friday morning with the verdict after about six hours of deliberations, which began Thursday.
Rosales’ widow, Maria Gonzales, broke down and ran from the courtroom after the jury forewoman read the verdict.
Rosales family weeping in front row of gallery. Judge polling jury
— Matt Miller (@KTOOMatt) May 11, 2018
DeSimone’s defense attorney never disputed that he shot Rosales.
Assistant Public Defender Deborah Macaulay argued the two shots were unintentional discharges from a revolver that did not have a required safety modification.
She says shots happened so fast that it could be nothing except an accident. She asked the jury for an acquittal.
— Matt Miller (@KTOOMatt) May 10, 2018
Prosecution said nothing was wrong with the operation of the revolver.
Prosecutor says everything #DeSimone did was his choice
— Matt Miller (@KTOOMatt) May 10, 2018
A repeated cocking, aiming, and firing the single-action revolver required a deliberate action, Assistant District Attorney Amy Paige argued.
Rosales was found with two shots to the back of his head at a cabin in Excursion Inlet. DeSimone was charged in Rosales’ death.
A jury trial in the case started April 25. Sentencing is scheduled for Sept. 12.
Original post | 9:51 a.m.
The family of Tony Rosales wept in the front row of the gallery after the jury found Mark DeSimone guilty of first-degree murder.
Judge just briefed everyone abt possibility of inconsistent verdict and emotional outbursts
— Matt Miller (@KTOOMatt) May 11, 2018
DeSimone was on trial in the May 2016 shooting death of Rosales at an Excursion Inlet cabin.
Superior Court Judge Philip Pallenberg scheduled the sentencing for Sept. 12.
This story will be updated.
