ARIZONA

Former Arizona lawmaker held on murder charges in Alaska shooting

Lucas Robbins
The Republic | azcentral.com
Former Arizona lawmaker Mark Anthony De Simone, 53, arrives in Juneau District Court for his arraignment on May 17, 2016. De Simone was charged May 16, 2016, with first- and second-degree murder for allegedly shooting and killing Duilio Antonio “Tony” Rosales, a 34-year-old Juneau resident originally from Nicaragua. De Simone is also facing manslaughter and criminally negligent homicide charges.

A former Arizona state representative has been charged with first-degree murder Monday in the shooting death of a man at a remote cabin in southeast Alaska, according to court documents.

Mark De Simone, 53, was charged in the death of 34-year-old Duilio Rosales, who was found dead Sunday at a cabin in Excursion Inlet, Alaska, which is 35 miles northwest of Juneau, according to records from a district court in Juneau.

Troopers from the Alaska Department of Public Safety responded to the shooting call shortly after 7:30 p.m. Sunday, according to an affidavit filed in court the next day by Juneau Assistant District Attorney Amy Paige.

The Alaska state troopers first received the report that someone had been shot in the head from the United States Coast Guard, the affidavit said. The Coast Guard reported they received the call on a VHF radio, and troopers arrived at Excursion Inlet by aircraft shortly before 9:30 p.m, the affidavit said.

Maria Rosales, whose husband Duilio Antonio “Tony” Rosales, 34, was fatally shot on the night of May 15, 2016, at a remote Excursion Inlet cabin near Juneau, Alaska, cries as she is escorted out of Juneau District Court Tuesday by Mattie Rielly-Bixby, a paralegal for the Juneau District Attorney’s Office. Former Arizona lawmaker Mark DeSimone was charged with first- and second-degree murder in connection to Rosales' death and is being held in custody in lieu of $500,000 bail.

The troopers who responded to the scene found six men standing on the beach in front of a cabin, four with their hands raised above their heads; one, who also called the Coast Guard, securing the scene; and one, identified as De Simone, sitting on a rock away from the others, the affidavit said. It added that one of the men gave a responding trooper a .41 magnum double-action revolver and said it was likely the firearm used in the shooting.

Rosales was found lying under a picnic table outside and appeared to have been shot twice in the back of his head, the affidavit said. He seemed to have been sitting at the table removing his boots before he was shot and rolled onto the ground, the affidavit said. It also said a responding trooper noticed Rosales was wearing an empty holster on his hip.

One of the men at the scene told troopers he was relieving himself in the woods behind the cabin when he heard what he thought were two gunshots at about 7 p.m., the affidavit said. It added that, as the man walked to the front of the cabin, he ran into De Simone, who admitted to him that he had shot Rosales.

The state of Alaska is bringing multiple charges against De Simone, court records said. He will face one count of first-degree murder and two of second-degree murder, in addition to one of manslaughter and one of criminally negligent homicide.

De Simone, a former Democratic state representative from Phoenix, resigned from his office in the Arizona Legislature in June 2008 after being charged with domestic violence. His wife, Mali, sustained a cut to her lower lip and other minor injuries during the late-night incident on June 26, 2008, but refused medical treatment, according to a police report.

"Mali told me Mark sat on top of her around the stomach area and started punching her with his closed right hand in the face and arms," stated a portion of the 12-page report completed by officers who responded to the scene. "Mali said she was tired of fighting with Mark and just gave up and let Mark continue hitting her."

De Simone then was alleged to have flung his wife from the bedroom and locking himself in with their two children, then ages 5 and 7. Mali called 911 at about 11:45 p.m. and her husband was taken into custody about 1 a.m., according to the police report. Neither of their children was injured during the incident, though the 5-year-old told police she witnessed De Simone strike her mother, the police report said.

The Associated Press contributed to this article.