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The Honolulu Advertiser

Posted on: Friday, September 24, 2004

Seller of gun used in cop killing gets 30 days

By Curtis Lum
Advertiser Staff Writer

The man who sold convicted murderer Shane Mark the gun that was used to kill Honolulu police officer Glen Gaspar was sentenced yesterday to 30 days in prison.

Darren Nakahara, 42, had pleaded guilty to one count of being a felon in possession of a firearm. Nakahara admitted that he was a drug addict when he sold the .22-caliber revolver to Mark in November 2002 for $100 and a small amount of crystal methamphetamine.

Three months later, Mark shot and killed Gaspar as Gaspar and five other officers were attempting to arrest Mark in a Kapolei ice-cream parlor. Mark was found guilty of second-degree murder and is serving a life sentence without the possibility of parole.

A grand jury in May indicted Nakahara on three counts, including being a felon in possession and using a firearm in the commission of a drug-trafficking crime. In June, he pleaded guilty to the one count and testified for the prosecution in the state's case against Mark.

Nakahara's cooperation with city prosecutors as well as his apparent change in lifestyle helped him avoid a stiffer punishment yesterday. He faced up to 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Marshall Silverberg had asked that Nakahara serve from 21 to 27 months in prison, but he did not object to the defense's motion for a shorter sentence. Federal Public Defender Peter Wolff Jr. asked Mollway to sentence Nakahara to one month in prison and home detention.

Wolff acknowledged that Nakahara has an extensive criminal history, but said the convictions were primarily for auto thefts and drug offenses. But Wolff said Nakahara has turned his life around, has a girlfriend and baby, has a full-time job and has been drug-free for some time.

"I'm sorry for my life in the past," Nakahara told Mollway.

In addition to the prison time, Nakahara was sentenced to eight months of home detention, wear an electronic monitoring device, and can only leave his home to go to work, court proceedings and substance-abuse meetings. Following the home detention, Nakahara will be placed on three years supervised release.

Nakahara will begin serving his sentence Oct. 12.

Reach Curtis Lum at culum@honoluluadvertiser.com or 525-8025.