Shane W. Mark, left, who is accused of shooting to death police officer Glen Gaspar, appears in district court with deputy public defender Rick Sing. Mark was charged with first-degree murder, as well as other violations. Richard Ambo • The Honolulu Advertiser

Shane W. Mark was charged last night with with first-degree murder, two firearm violations including being a felon in possession, third-degree promotion of a dangerous drug and possessing drug paraphernalia. His bail was set at $5 million.

In addition, Mark also was indicted on two counts of second-degree attempted murder in connection with a Feb. 1 shooting at the First Assembly of God Church parking lot.

Police sources, who asked not to be identified because of the investigation, said lab results revealed Mark was under the influence of the drugs following his arrest Tuesday at the scene of the shooting in Kapolei.

Mark made his initial appearce today before District Judge Russel Nagata. He is accused of shooting Honolulu Police Officer Glen Gaspar, who was assigned to the Honolulu Police Department's Career Criminal Unit.

Mark's preliminary hearing is scheduled for Monday at 1:30 p.m. but in recent high-profile cases, the Honolulu Prosecuting Attorney's office has opted to obtain an indictment rather than go through the hearing process.

Mark, who has no permanent local address, has seven outstanding criminal warrants stemming from a Feb. 1 incident at the Assembly of God Church on Moanalua Road in which a man was shot in the thigh. The warrants are for attempted first-degree murder, four counts of attempted second-degree murder and two firearm offenses.

Mark also has 14 prior criminal convictions.

U.S. Attorney Ed Kubo yesterday said Gaspar had worked on several federal investigations and might be alive today if Hawai'i adopted a "three strikes" law calling for longer sentences for repeat offenders.

In a written release, Kubo said the suspect in Gaspar's shooting had served his full prison term before his release.

"If state laws can be changed to protect us from these repeat offenders, officer Gaspar's death will not have been in vain," he said.

Honolulu Police Chief Lee Donohue also called today for "three strikes you're out" legislation. "I think you should give a guy three chances to be a productive member of society but if he fails, lock 'em up for life," Donohue said.

"This guy Mark was never paroled, he served his full sentence," the chief added. "Then he's right back doing what got him in trouble. Because his behavior wasn't modified in prison, he becomes a menace to society."

Donohue also said he is concerned that PCP, also known as "angel dust" is resurfacing in Hawai'i. Because of its engergizing attributes, PCP is "scarier" when used in combination with other illegal drugs, Donohue said.

According to a police affidavit filed today in District Court, the Career Criminal Unit received information at 11 a.m. Tuesday that Mark was going to meet his former girlfriend, Melissa Sennett, and their 9-year-old daughter at the Baskin-Robbins Ice Cream Store at Kapolei Shopping Center.

Six officers, including Gaspar, went to Kapolei. According to the affidavit, the Career Criminal Unit set up surveillance by 11:45 a.m., 20 minutes before Mark's former girlfriend as well as her daughter and boyfriend arrived at the ice cream parolor.

Mark arrived at 12:55 p.m. and waved at Sennett and his daughter from outside the store before going in, the document said. He was seen talking to them as Gaspar and another police officer approached.

A third police officer in an undercover van outside the store saw Gaspar and his partner "struggling with Shane Mark in an attempt to subdue him," according to the affidavit

The third officer went to assist and said he identified himself to Mark as a police officer and "told him to stop resisting numerous times." The officer stated he heard two gunshots coming from his lower left side as he and Mark fell to the ground. While on the ground, he heard a third shot and Gaspar say "I've been shot."

The officer said Gaspar's eyes closed.

The officer continued to struggle with Mark and pulled out the suspect's right arm and observed a "blue-finished, small revolver with a wood grip in Mark's right hand," the affidavit said.

The document notes that Mark then pointed the revolver at two officers "several times as if he wanted to shoot either of us." One of the officers pulled the gun from Mark's right hand, the affidavit said.

Gaspar was taken to St. Francis-West Medical Center where he died at 2:05 p.m. Mark was arrested at 2:15 p.m.

Mark was admitted to St. Francis-West Hospital after complaining of pain and difficulty breathing.

In court today, Nagata denied a defense motion for a gag order.

A deputy public defender represented Mark today. But attorney Myles Breiner, who has been contacted about representing Mark, issued a brief statement outside of court alleging Mark was unconscious for a period of time due to injuries sustained during his arrest.

Honolulu police have opened an investigation to determine whether officers followed proper procedures in trying to apprehend Mark, who was considered armed and dangerous.

Gaspar was not wearing a bulletproof vest, according to emergency medical sources. Donohue yesterday said department policy implemented in 1999 requires all officers to wear some type of body armor while on patrol or making arrests. He declined to say whether Gaspar was wearing a vest.

Donohue would not speculate whether a bulletproof vest could have stopped a bullet at point-blank range, as in Gaspar's situation. Gaspar died of wounds to the heart and liver. Donohue said the distance between the gun and Gaspar, the angle of the bullet, and the locations of the gunshot wounds could have been factors.

Donohue said the body-armor issue will be addressed in the administrative investigation, which he said is standard procedure in these situations.