honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser

Posted on: Wednesday, July 28, 2004

Mark jury to continue deliberations

By Ken Kobayashi
Advertiser Courts Writer

A Circuit Court jury will resume deliberations today in the trial of Shane Mark, who has been convicted of killing a police officer last year and is accused of trying to kill a second officer.

Shane Mark

Mark has been convicted of murder for shooting plainclothes officer Glen Gaspar three times at an ice cream parlor at the Kapolei Shopping Center March 4, 2003.

But the jury in that trial last December could not reach a verdict on whether Mark tried to kill Gaspar's fellow plainclothes officer Calvin Sung or tried to murder another man at a church parking lot a month earlier.

In the retrial on those charges, Mark last week denied that he tried to kill Sung or the man who was shot in the leg at the parking lot.

Sung testified in the first trial and in the retrial that he and Gaspar lifted their shirts to show Mark their badges, but Gaspar said he didn't know Gaspar and Sung were police officers and thought the two men were after him for the previous shooting.

The jury deliberated for about an hour yesterday afternoon and will return this morning to the courthouse.

Mark, 29, faces a mandatory life term with possibility of parole when he is sentenced Monday by Circuit Judge Karen Ahn for the second-degree murder conviction in Gaspar's death.

He had been charged with first-degree murder for killing an officer, which carries a mandatory life term without parole, the state's harshest sentence. But the jury's verdict in the first trial meant that the panel was not convinced that Mark knew Gaspar was an officer.

The retrial on the attempted first-degree murder charge gives prosecutors another chance at obtaining a mandatory life term without parole. A conviction of attempted first-degree murder for trying to kill Sung also carries that sentence.

The jury also has the option of convicting Mark on lesser offenses in the Sung case. They range from attempted second-degree murder to attempted manslaughter to first-degree reckless endangering, which carries a maximum five-year prison term.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.