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. He 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.

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 for the Feb. 1 incident, city Deputy Prosecutor Christopher 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 had 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of car break-in, burglary and auto theft charges in 1998 and that his probation for the 1996 car theft conviction was revoked.

At that time, prosecutors asked that Mark be considered a repeat offender and that the prison term for each conviction be doubled from a maximum of five years to 10 years.

Van Marter did not name the judge who rejected the extended term request, but court records indicate that it was Melvin Soong, who is no longer a judge. Soong could not be reached yesterday to comment on the matter.

The five-year sentences Soong meted out for Mark's 1998 convictions were allowed to run concurrently, and he was released from prison last November.

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.

But 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 who were 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.

He said if Mark is convicted of first-degree murder, he faces a mandatory term of life in prison without the possibility of parole. But after 20 years in prison, the state's Department of Public Safety director would be required by law to submit a recommendation to the governor as to whether Mark's sentence should be commuted to life in prison with the possibility of parole.

If the governor commutes the sentence, it would then be up to the Hawai'i Paroling Authority to decide the minimum sentence Mark would have to serve before becoming eligible for parole.

A deputy public defender represented Mark yesterday at a District Court hearing on the first-degree murder charge. But private attorney Myles Breiner, who has been contacted about representing Mark, issued a brief statement outside court alleging Mark was unconscious for a period of time because of injuries suffered during his arrest.

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

Honolulu Police Chief Lee Donohue said an internal investigation will be conducted after Gaspar's funeral.

"After we bury our brother," he said, "there'll be an investigation. It's not to put blame on anyone but to see what went wrong."

Reflecting on Mark's convictions, Donohue called for "three strikes" legislation that calls for longer sentences for a third felony conviction. Lawmakers said they were considering such 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. "It's horrendous because we don't have any rehabilitation programs to address the drug problem. Addiction is a sickness.