CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Slain police officer Glen Gaspar's former wife, Renee Gaspar, center, with daughter Taysia-Jamie, listened in Circuit Court yesterday to the prosecutor explain the delay of Shane Mark's sentencing. Mark was convicted in December of second-degree murder for shooting Gaspar, a 12-year police veteran, during a struggle at the Kapolei Baskin-Robbins on March 4, 2003.
Delayed sentencing
upsets family of
slain police officerShane Mark awaits trial on other
charges linked to the shooting
Relatives and colleagues of slain police officer Glen Gaspar left Circuit Court upset and disappointed yesterday after a judge delayed sentencing for Gaspar's killer, Shane Mark.
Circuit Judge Karen Ahn granted the defense's request yesterday to continue Mark's sentencing for a conviction of second-degree murder until he goes to trial June 7 on several remaining counts.
As numerous relatives and police officers who packed the courtroom looked on, Ahn said she had no choice but to postpone the hearing because Mark, 29, will go to trial and has a right to speak at his sentencing. The remaining counts are first-degree attempted murder from the Gaspar case, and second-degree attempted murder and a firearms count from a separate case in Moanalua.
Deputy public defender Debra Loy said Mark cannot express his remorse for what has happened with the remaining counts still hanging over his head. "The other counts may impact our whole presentation," she said.
Loy had argued that the remaining counts should be dismissed.
She said it would be a waste of judicial economy and resources to retry Mark only to have a second jury reach the same conclusions as the first -- unable to reach a verdict on the charges.
Deputy Prosecutor Chris Van Marter objected to the delay, noting that it has been four months since Mark was convicted and more than a year since the shooting.
Gaspar's family, including his former wife, Renee Gaspar, and their two daughters, Taysia-Jamie and Kiana-Leigh, hugged and wept quietly as the court adjourned.
Greig Gaspar, brother of the slain officer, expressed his frustration outside the courtroom.
CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
A Circuit Court judge granted the defense's request yesterday to continue sentencing for Shane Mark, above, until he goes to trial June 7 on several remaining counts.
"I'm disgusted with the Hawaii judicial system, I'm disgusted with the judge, I'm disgusted with the state," he said, his voice shaking. "Justice has not been served."
Mark was convicted in December of second-degree murder for shooting Gaspar, a 12-year police veteran, during a struggle.
Gaspar, 40, and officer Calvin Sung were part of a plainclothes unit that had gone to the Kapolei Baskin-Robbins on March 4, 2003, on a tip that Mark would be there. Police had been looking for Mark in connection with a shooting in Moanalua a month earlier.
At trial, Mark testified he did not know the men confronting him in the ice cream parlor were police officers, but believed they were out to kill him for the Feb. 1, 2003, incident in which he shot a man in the leg.
Sung had testified at trial that after shooting Gaspar, Mark pointed the gun at him as he and two other officers tried to subdue Mark and take his gun away. First-degree attempted murder is punishable with life imprisonment without parole.
Jurors at Mark's trial in December could not reach a verdict on that count, as well as the second-degree attempted murder and firearm counts in the Moanalua shooting.
After the hearing, Van Marter tried to explain to members of Gaspar's family that the judge had wanted prosecutors to dismiss the remaining attempted-murder count involving Sung.
CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Disappointment showed on face of the Greig Gaspar, brother of slain police officer Glen Gaspar.
"We're not gonna do it," Van Marter said. "It's too serious of a charge. The potential penalties are too serious. ... We'll go to trial on that one."
Loy had no comment on the court's decision. She said she had requested a continuance four months ago and thought it had been granted.
Tenari Ma'afala, president of the State of Hawaii Organization of Police Officers and a paddling and workout partner of Gaspar, said, "Look at the family -- the daughters, the (former) wife, the brother, the mom and dad -- I mean, they're gonna have to endure for the next couple months until we find out what's going to happen."
Prosecutors are expected to ask that Mark be sentenced to an extended life term without the possibility of parole because he is a "persistent" and "multiple" offender. Second-degree murder is punishable by a maximum life term with parole.
