CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM An Oahu grand jury indicted Shane Mark yesterday.
Prosecutors to demand Prosecutors expect to file a motion today to have Shane Mark, the man accused of killing police officer Glen Gaspar, held without bail.
accused cop killer be
held without bail
A grand jury indicted
Mark accused of abuse
Shane Mark, 28, for
first-degree murder
By Debra Barayuga
dbarayuga@starbulletin.comDeputy Prosecutor Chris Van Marter told the court yesterday that Mark's long history of drug use, violent behavior toward police, his propensity to possess and use firearms, and this week's murder and attempted murder of a police officer "makes him a very violent and very dangerous man."
Mark is now being held on $7-million bail on numerous charges in connection with Gaspar's death Tuesday and a violent dispute over a video camera last month.
Mark was on supervised release in 1995 for an auto theft and misdemeanor conviction when he brought a stolen car to his sister's home, according to prosecutors.
Stealing was his trade and he was not going to stop doing it, he told his sister, who turned him in to authorities, prosecutors said.
His criminal history would show the truth of his words.
Over the years, Mark was arrested and convicted for petty and misdemeanor theft before resorting to felony crimes, stealing cars and breaking into a business. He also was convicted of misdemeanor assault on a police officer.
Mark, 28, is now facing the most serious charge of his life, one that could net him life in prison without the possibility of parole.
An Oahu grand jury indicted Mark yesterday for first-degree murder and first-degree attempted murder for allegedly shooting undercover police Officer Glen Gaspar to death and attempting to shoot another officer when they tried to arrest him Tuesday at an ice cream store in the Kapolei Shopping Center. Mark also is charged with carrying and using a firearm in the commission of a felony, possession of a firearm by a convicted felon, third-degree promotion of a dangerous drug and unlawful use of drug paraphernalia.
And he was indicted for second-degree attempted murder in a Feb. 1 case where he allegedly shot at two people, hitting one in the leg.
Prosecutors had asked the court in 1998 to double Mark's sentence to 10 years from five years for breaking into a car and a business and two auto thefts, but the request was denied.
Van Marter could not say whether Mark might still be behind bars and Gaspar still alive had the court granted the 10 years. It would have been up to the Paroling Authority to decide how long Mark should serve, Van Marter said.
The Paroling Authority had ordered Mark to serve a minimum of three of the five years. But they denied him parole four times because of misconduct in prison and because he failed to participate in substance abuse, anger management and other required programs.
Mark was released in November after serving a full five-year term, but, Van Marter said, he quickly resumed his criminal activities of using drugs, selling narcotics and carrying and possessing a firearm.
On Feb. 1, Mark allegedly confronted two people at a church in Moanalua after discovering a surveillance camera he had exchanged for $150 worth of methamphetamine was not working. Paranoid from using methamphetamine, Mark became verbally abusive and aggressive because he believed he had been set up, Van Marter said.
Mark allegedly pointed a firearm 12 inches from the head of one man and pulled the trigger. The man managed to block the shot but was fired at multiple times as he fled, Van Marter said. Mark shot the second man in the leg, but the victim managed to escape, the prosecutor said.
Mark was wanted on a total of seven outstanding warrants when police caught up with him at the Kapolei Shopping Center on Tuesday afternoon. Cornered at an ice cream shop, Mark pulled out a small blue revolver and shot Gaspar twice in the chest and once in the hip, killing him, Van Marter said.
Mark also tried to shoot another officer he was struggling with and pointed his gun at other officers who were assisting, the prosecutor said.
"It was clear from witnesses he had no regard for the safety of the people there," Van Marter said.
In the store during the confrontation were three employees and Mark's ex-girlfriend, their 9-year-old daughter and the ex-girlfriend's boyfriend, according to a court affidavit.
Mark made his first appearance in District Court yesterday.
Attorney Myles Breiner has been contacted by Mark's family to possibly represent him and spoke with him early yesterday. He said Mark is worried about his safety and the great deal of hostility directed at him. "He's very scared and very concerned. ... He feels convicted at this point."
Mark's family has been receiving "unpleasant" phone calls and is also concerned for his safety, Breiner said.
Deputy Public Defender Rick Sing had sought a gag order, which would have prevented all the parties involved from releasing any details or speaking publicly about the case. He said a lot of information has been released thus far that could prejudice Mark's right to a fair trial.
District Judge Russel Nagata denied the order, as well as a request by prosecutors and Sing to seal court documents.
Mark is expected to be arraigned in Circuit Court within the next week.
