later as Sung and other officers were arresting him for the Feb. 1 shooting.

Mark said he shot Denny Paikai in the leg in the Feb. 1 incident because he feared Paikai and another man, John Piko, were about to rob him in the darkened church parking lot adjacent to Moanalua Road.

Mark admitted yesterday to shooting police officer Glen Gaspar three times in the chest on March 4, 2003, as Gaspar and Sung scuffled with him in the Baskin-Robbins ice cream store in Kapolei. But Mark insisted Sung and Gaspar never identified themselves as police officers.

Mark was charged with first-degree murder in connection with Gaspar's death, but convicted in December of the lesser charge of second-degree murder, meaning he faces a maximum life sentence with the possibility of parole. A first-degree murder conviction — knowingly and intentionally killing a police officer — would have given him a mandatory sentence of life without parole.

The jury that convicted Mark in December could not reach a verdict on three other counts: attempted first-degree murder for allegedly trying to shoot Sung, attempted second-degree murder for the Paikai shooting, and use of a firearm in connection with the Paikai shooting.

Mark's retrial on the three unresolved charges began July 7.

As he did during the first trial, Mark claimed he was on the verge of surrendering to police for the Feb. 1 shooting but wanted first to see his 11-year-old daughter, who was visiting from the Mainland with her mother.

Mark said he went to the ice cream store and was about to place a necklace around her neck when two larger men grabbed his arms and tried to wrestle him to the floor.

"I thought they was Paikai's boys and Piko's boys," Mark testified yesterday.

He said he was concerned about the safety of his daughter, the girl's mother and his then-pregnant girlfriend, and that Gaspar and Sung never displayed their badges or announced they were police.

Three Baskin-Robbins employees testified yesterday they did not hear or see Sung and Gaspar make it clear they were police, but the workers all said they did not know what happened in the moments before the scuffle broke out.

Sung testified in the first trial, and earlier in the retrial, that he and Gaspar lifted the hems of their shirts to show Mark their badges and said they were police as they approached.

The trial will continue Tuesday.