Mark is ordered to serve
at least a 50-year term

The police killer's defense
intends to appeal his sentence

The Hawaii Paroling Authority should have ensured that Shane Mark dies in prison for killing police officer Glen Gaspar, Gaspar's brother says.

Greig Gaspar reacted yesterday to the minimum prison term set by the paroling authority earlier this month for a life term with parole Mark received for using a gun to commit a felony -- the murder of Glen Gaspar. It means Mark, 29, must serve at least 50 years -- one-third of the 150-year sentence -- before he can be considered for parole, prosecutors say.

That term is in addition to a life term without parole that Circuit Judge Karen Ahn imposed for Gaspar's murder.

Prosecutors had sought a minimum 200-year term to make sure Mark never gets out of prison -- if the murder charge should get dismissed on appeal or Mark is pardoned by a governor.

Under state law, after 20 years the governor could pardon or commute a defendant's sentence to life with parole from life without parole. If it happened in Mark's case, he would not be released until he served an additional 30 years to fulfill the one-third requirement on the minimum of 150 years.

Deputy public defender Debra Loy said she is appalled at the parole board's decision, noting that no one lives to be 150. "I think the Hawaii Paroling Authority and the court are making a mockery of what the jury did after hearing all the evidence," she said.

"Basically, they've undone anything the jury did, and the jury was the one who heard the defense and state's case and analyzed everything."

The defense is appealing Mark's conviction and sentence. "Federal law does support it (the appeal), and I think Hawaii law will eventually support the appeal," she said.

Mark was convicted in December 2003 of the reduced charge of second-degree murder for shooting Gaspar, one of several plainclothes officers attempting to arrest him in connection with an earlier shooting in Moanalua.

Gaspar was shot as he wrestled with Mark over Mark's gun. At trial, Mark did not dispute he shot Gaspar, but maintained he did not know Gaspar was a cop and fired in desperation to protect himself and to escape. The jury rejected a first-degree murder charge -- the intentional and knowing killing of a law enforcement officer -- and found him guilty of second-degree murder.

He was also convicted of attempted first-degree assault at a second trial for pointing the gun at Gaspar's partner Calvin Sung.

At Mark's sentencing last August, Circuit Judge Karen Ahn granted the state's request to extend his sentences after finding he was a danger to the community. She ordered him to serve two life terms -- one without parole for the murder and one with parole for using a firearm.

On each of the remaining attempted assault, firearm and drug counts Mark was also convicted of, the parole board issued the minimums, ranging from five years to 20 years. But those terms will be served at the same time as the 150-year minimum term for using a gun to commit a felony.

Deputy Prosecutor Chris Van Marter said prosecutors are pleased with the minimum terms set by the paroling authority, calling Mark a "career criminal."

Within three months of getting out of prison after serving a five-year term, Mark quickly resumed his life of crime, acquired a firearm and started using and selling drugs, Van Marter said. He also shot and wounded one man, shot and killed a second man and attempted to shoot a third man, showing he had not been rehabilitated, Van Marter said.