Although Shane Mark, 29, was convicted of second-degree murder in January, Circuit Judge Karen Ahn ruled that the state must first complete a second trial on three charges the jury could not agree on. That trial will begin the week of June 7.

The charges include attempted first-degree murder for allegedly trying to shoot officer Calvin Sung during an arrest operation March 4, 2003, in the Kapolei Baskin-Robbins.

Gaspar was one of six officers who had gone to Kapolei to arrest Mark in connection with another shooting.

"I am disgusted with the Hawai'i judiciary system," Gaspar’s brother, Greig Gaspar, shouted to reporters. "I am disgusted with this judge. I am disgusted with this state. Justice has not been served."

The prosecutor’s office would not comment on the decision, but deputy prosecutor Christopher Van Marter told family members in the courtroom that the charges were "too serious to dismiss."

"He tried to kill Calvin Sung and if it weren’t for the other officers there, he would," Van Marter said.

During the hearing, Mark’s attorney, Deputy Public Defender Debra Loy, argued that it was "inappropriate" to sentence her client now because anything he might say today could be used at the second trial.

"I do not feel he can address the issues of remorse at sentencing with a pending trial," Loy said.

Mark’s conviction on second-degree murder carries a maximum prison term of life with the possibility of parole.

The courtroom was filled today with police officers, including several who sat solemn-faced in the jury box.

Mark was led into the courtroom in handcuffs. He gave a weak smile and wiggled his eyebrows at friends and family who had come to support him.

Officer Tenari Maafala, president of the State of Hawai'i Organization of Police Officers, was frustrated by the ruling.

"It’s very disheartening and very painful, especially for the family," he said. "We are definitely not in agreement with the judge in prolonging the torture of the family."

He said criminals need to know that justice will be severe if they "take the life of a police officer."

"You do the crime," he said. "You do the time."