Shane Mark, 28, was indicted yesterday by an O'ahu grand jury on a charge of first-degree murder in the death of 40-year-old police officer Glen Gaspar at an ice cream store in Kapolei. Mark also was charged with two counts of attempted second-degree murder for allegedly shooting at two men and wounding one of them in Moanalua on Feb. 1.

"He was a repeat offender and would have received an automatic 10-year jail term had the prosecution not agreed to the reduction," deputy public defender Todd Eddins said.

Prosecutors entered into the plea agreement because the owner of the house that was burglarized is a Canadian citizen who indicated it would be difficult for him to appear at trial, said Jim Fulton of the prosecuting attorney's office. The Hawai'i residence was a vacation home for the owner, he said.

The issue was raised yesterday by deputy prosecutor Christopher Van Marter, who said that if a judge had granted a prosecution request in 1998 for a 10-year sentence, Mark would have been behind bars on Tuesday.

Fulton today noted that despite entering into the plea agreement with Mark, prosecutors continued to argue ­ in oral and written motions ­ for extended sentencing.

"The reality of Mark's situation is that the sentencing court on March 30, 1998, noted the prosecution's consent to lop five years from an automatic 10-year jail term," Eddins said. "The court then felt it was contradictory for the prosecution to seek a 10-year term for a five-year offense."

Gaspar was killed while attempting to arrest Mark, a fugitive in the Moanalua shooting.

In asking for bail of $5 million in the murder case and $2 million in connection with the Feb. 1 incident, Van Marter told acting Circuit Judge Rhonda Nishimura yesterday that Mark had been arrested 66 times, and that 24 of those arrests were in connection with suspected felony cases. He has 14 criminal convictions.

Mark had been arrested on several misdemeanor theft charges and his first felony conviction, on auto theft charges, came in 1996, Van Marter said.

Mark was given probation in the car-theft case and placed under "supervised release" status after his sister agreed to serve as his sponsor, Van Marter said. His sister later turned in Mark to authorities after he continued to use drugs and showed up at her house with a stolen car, he said.

"He told her it was a stolen car, that he would not stop stealing cars and he told her that stealing was his career," the deputy prosecutor said.

He said Mark was convicted of car break-in, burglary and auto theft charges in 1998 and that his probation for the 1996 car theft conviction was revoked.

Van Marter said Mark's requests for parole were denied several times because of numerous misconduct incidents while in prison and that he served the full five-year term.

Mark was out of prison for only a matter of months when he began using illicit drugs and carrying a gun, the prosecutor said.

In Tuesday's shooting, Mark was indicted on charges of first-degree murder, first-degree attempted murder,using a firearm in the commission of a felony, being a felon in possession of a firearm, third-degree promotion of a dangerous drug and unlawful use of drug paraphernalia. The drug charges were lodged after police obtained a search warrant after the shooting and found methamphetamine and drug paraphernalia in Mark's backpack, Van Marter said.

He said methamphetamine also played a role in the Feb. 1 incident at the parking lot of the Assembly of God Church on Moanalua Road. Van Marter said investigators believe that Mark traded $150 worth of methamphetamine for a video camera but later concluded the camera wasn't working.

He said Mark told two men involved in the camera deal to meet him Feb. 1 at the church.

"He quickly became verbally assaultive and started saying that he was being set up," Van Marter said.

He said Mark was high on crystal meth and was paranoid at the time. He said Mark aimed a gun at the head of one of the men "at point-blank range" and pulled the trigger, but the gun failed to go off.

As the two men fled, Mark fired the gun at them, hitting one of the men in the leg, Van Marter said.

For his alleged role in that incident, Mark was indicted yesterday on two counts of second-degree attempted murder, two counts of using a firearm in the commission of a felony and one count of being a felon in possession of a firearm.

In summing up the allegations, Van Marter told Nishimura: "All of this makes him a very violent and very dangerous man."

Outside the courtroom, Van Marter said he intends to file a request today that Mark be held without bail while awaiting trial.