Jury still studying police shooting
By David Waite
Advertiser Courts Writer
A Circuit Court jury deliberated for a third full day without reaching a verdict yesterday in the murder trial of a man accused of fatally shooting Honolulu police officer Glen Gaspar March 4 at the Kapolei Shopping Center.
The jury is scheduled to resume deliberations at 9 a.m. Monday.
MARK
The eight-man, four-woman jury asked two questions of the court yesterday, one having to do with the legal definition of man-slaughter and the other about whether a juror has a duty to explain the reasons behind his or her stand on an issue.
In both cases, the court instructed the jury to review the instructions given to them Tuesday afternoon, when the case was turned over to them.
Shane Mark, 29, is charged with first-degree murder in connection with Gaspar's death, attempted first-degree murder for allegedly attempting to shoot Gaspar's fellow officer Calvin Sung, and two counts of attempted second-degree murder resulting from a Feb. 1 incident in which he allegedly shot at two men in a Moanalua church parking lot.
Gaspar, 40, and Sung were part of a six-man plainclothes police unit that went to the Baskin-Robbins ice cream store in Kapolei to arrest Mark in connection with the Feb. 1 shooting.
Mark contends that he shot Gaspar in self-defense after the two police officers grabbed him without identifying themselves, leading him to believe they were retaliating for the Feb. 1 shooting.
The prosecution claims there was no reason for Mark to shoot at the two men in the Feb. 1 incident, and even less to shoot Gaspar. It says Mark knew Gaspar and Sung were police officers as they approached.
Jurors are sifting through 136 pages of instructions from the court that cover the two separate incidents. They have 17 verdict options, or 21 including acquittal.
For example, they could acquit Mark of the Gaspar shooting, find him guilty of first-degree murder as charged, or guilty of a lesser offense, such as second-degree murder or different types of manslaughter.
For the charge of trying to shoot Sung, the jury has the option of finding Mark guilty as charged, acquitting him or finding him guilty of a lesser charge such as attempted second-degree murder, attempted first-degree assault, attempted second-degree assault or even second-degree reckless endangering.
For shooting at the two men Feb. 1, the options range from acquittal to attempted second-degree murder, attempted first-degree assault, attempted second-degree assault or first-degree reckless endangering.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
