Cop-killer guilty
in related case

Shane Mark pointed his gun at a second
officer after fatally shooting Glen Gaspar

A Circuit Court jury found 29-year-old Shane Mark guilty yesterday of first-degree attempted assault for pointing a gun at a plainclothes police officer after fatally shooting another officer in 2003.

Prosecutors were seeking a first-degree attempted murder conviction in the case, which was tried for the second time.

But jurors could not reach a verdict on a second-degree attempted murder count and firearm charge stemming from a separate shooting in Moanalua. The first trial's jury also could not come to a verdict on those charges.

Jim Fulton, executive assistant to the city prosecutor, said the verdict means jurors "agreed that he (Mark) intended to cause serious bodily harm" in the assault of the police officer.

But they were not convinced that Mark intended to kill officer Calvin Sung, who testified at trial that Mark pointed a gun at him after fatally shooting officer Glen Gaspar during a struggle at the Kapolei Baskin-Robbins in March 2003.

In December, Mark was convicted of second-degree murder for killing Gaspar. At that time the jury could not reach a verdict on whether Mark tried to kill Sung.

Mark has said he did not know that the men confronting him at the Kapolei ice cream parlor were police officers, but believed they were out to kill him for a February 2003 Moanalua incident in which he shot a man in the leg.

Police had been looking for Mark in connection with that shooting, and Gaspar was part of a plainclothes unit that had gone to the Baskin-Robbins on a tip that Mark would be there.

Regarding the Moanalua shooting, Fulton said, officials do not yet "know what's going to happen with those" counts of attempted murder and the firearm charge.

Deputy public defender Debra Loy, who represents Mark, has said the remaining counts should be dismissed. She could not be reached for comment last night.

In the retrial of the two cases, jurors started deliberating Tuesday afternoon, and yesterday's verdict came in just before 4 p.m.

Mark is scheduled to be sentenced Monday at 1:30 p.m. before Circuit Judge Karen Ahn.

In April, Ahn granted a request from Mark's defense attorneys to delay his sentencing until after the retrial was completed.

All of Mark's convictions secure him the possibility of parole. But prosecutors are expected to file a motion to extend Mark's term of imprisonment and ask for a sentence of life in prison without the possibility of parole because he is a repeat offender, Fulton said.

Acting Police Chief Glen Kajiyama said yesterday he was disappointed by the jury's decision, and hopes "that Mr. Mark's sentence will reflect his extremely violent criminal history."