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The Honolulu Advertiser

Posted on: Thursday, March 24, 2005

200-year term urged for officer's killer

By Ken Kobayashi
Advertiser Courts Writer

City prosecutors and the family of slain police officer Glen Gaspar urged the Hawai'i Paroling Authority yesterday to essentially rule that the man who killed him should remain in prison for the rest of his life.

Shane Mark

"People like you should never walk the face of earth ever again," Greig Gaspar, the victim's brother, told Shane Mark.

But the lawyer for the 30-year-old Mark asked that the three-member parole board rule that Mark serve 25 to 30 years to give him hope so he can set goals to rehabilitate himself.

Deputy Public Defender Debra Loy also said she believes that the Hawai'i Supreme Court will grant Mark's request for a new trial.

Because of the pending appeals, Mark chose to remain silent, hanging his head at times when Gaspar's brother and ex-wife addressed the board.

Albert Tufono, chairman of the parole board, told Mark that a decision will be issued in a couple of weeks.

Mark has already been given an enhanced sentence of life in prison without parole for the second-degree murder conviction for fatally shooting Gaspar during an attempted arrest at a Kapolei ice cream shop in 2003.

City prosecutors were unable to convince the jury that Mark knew Gaspar was a police officer. The jury rejected a first-degree murder conviction of killing a police officer, which automatically carries the life term without parole, the state's harshest sentence.

But Circuit Judge Karen Ahn found that Mark was dangerous enough to enhance the second-degree murder sentence to life without parole.

She also sentenced him to prison terms as high as life with parole for other convictions related to the Gaspar slaying and for shooting a man at a Moanalua church parking lot about a month before the Kapolei shooting.

Because under state law a sentence of life without parole can be commuted by the governor to life with parole after Mark serves 20 years, city Deputy Prosecutor Chris Van Marter wanted the board to set minimum terms on the other sentences to keep him prison.

He asked the board to set Mark's minimum term before he could be released on parole at 200 years. Van Marter said an inmate could ask for a reduction of the minimum after serving a third of the term. With a 200-year minimum, Mark would not be able to ask for a reduction until 66 2/3 years, Van Martin reasoned. By then, Mark would be in his 90s.

The hearing was at the Alakea Street office with Mark and his lawyer at the Halawa prison shown via a television hookup.

"I am not here today to forgive you, Shane Mark," Greig Gaspar said. "As Pontius Pilate told Christ, I wash my hands of your blood and your life."

Renee Gaspar, the dead officer's former wife, said she and their two teenage daughters have been "thrown into a whirlwind of grief, pain and confusion."

Choking back tears, she said she hopes they can begin to heal. "My greatest struggle now is forgiveness," she said.

Van Marter portrayed Mark as a drug-using offender with a criminal history of nine felonies who bought a gun with $100 worth of crystal methamphetamine and then shot an unarmed man in Moanalua and later fatally shot Gaspar, all within five months of his release from prison.

"This defendant really has no interest in rehabilitation," Van Marter said.

Loy told the board that her client is not the "monster" as portrayed by the prosecution. She said his "bad decisions" caused Gaspar's death, but she also said police made "bad choices."

She cited a lawsuit recently filed by the Gaspar family against the Honolulu Police Department alleging that police failed to follow department policy requiring officers to wear bullet-proof vests while arresting a dangerous person. Gaspar wasn't wearing a vest.

Loy said by the time Mark is in his 50s, he'll be less aggressive and more mature. She said all that her client has is the "hope" that he may some day be released.

After the hearing, Renee Gaspar said Mark didn't appear to be remorseful. "I just don't want him out at all to have the opportunity to do this with another family," she said.

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