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Posted at 1:25 p.m., Thursday, May 10, 2007

Prosecutor calls Maui shooting suspect a 'danger'

By LILA FUJIMOTO
The Maui News

WAILUKU — A Kula man was being held without bail Wednesday, after being charged with 18 counts in connection with a shooting last week that injured a housemate, The Maui News reported.

Because at least one of the charges against Mark A. Martins, 53, carries a penalty of life in prison without the possibility of parole, Wailuku District Judge Douglas Ige said Martins could be denied bail for now.

He was being held at the Maui Community Correctional Center pending a preliminary hearing today.

Deputy Prosecutor Robert Rivera said Martins fired more than 30 rounds of 9 mm ammunition, targeting at least two people. Seven men were at a barbecue outside the residence off Kula Highway the night of May 2.

Francis "Randy" Randall, 43, remained hospitalized Wednesday at Wilcox Memorial Hospital on Kauai after being shot in the left arm and inner thigh.

After the shooting was reported at 10:40 p.m. at the property about 1?miles above Rice Park, police evacuated several nearby residences and closed a portion of the highway during a 7?-hour standoff with Martins in a house on the property. Martins surrendered and was arrested at 6:15 a.m. May 3.

Police recovered a 9 mm Glock semiautomatic handgun and two high-capacity magazines that could each hold 17 rounds of ammunition, Rivera said.

In court Wednesday, Martins asked why police were keeping his wallet containing $700 cash and his bank books showing he has $61,000 in savings.

He said he needed the belongings so he could make arrangements to post bail, which had been set at $170,000.

After arranging to have the wallet and other belongings returned to Martins, Rivera argued for no bail for Martins, based on the additional charges filed against him.

He was charged with first-degree attempted murder of Randall and his half-brother, Jason Bass, as well as two counts of second-degree attempted murder, first-degree terroristic threatening, seven counts of first-degree reckless endangering, two counts of first-degree criminal property damage, using a firearm in the commission of a felony, being a felon in possession of a firearm, being a felon in possession of ammunition and two counts of possessing a prohibited pistol magazine.

A conviction for a first-degree attempted murder charge carries a penalty of life in prison without the possibility of parole.

Rivera said the seven victims feared that Martins would retaliate if released from jail. Rivera called Martins an "extreme danger" to both the victims and the community.

In a confession to police after he was arrested, Martins "did make it clear that man's laws do not govern him," Rivera said. "He is governed by Jehovah's laws."

Despite having felony firearms convictions, Martins said he bought the 9 mm pistol for $250, Rivera said.

Martins argued that he could be monitored by a Global Positioning System or placed on house arrest if he were released from jail. He said he wouldn't flee from prosecution.

"I'm not going to put my family's money in jeopardy," he said. "Why do you think I gave up? I meant to face these charges. There's no reason for me to run. I could have run that night."

About a week before the shooting, Martins "began exhibiting bizarre and inconsistent behavior," according to those who had contact with him, Rivera said.

Martins' landlord reported that, instead of keeping to himself in his room, "he began yelling and going berserk for apparently no reason," Rivera said.

He said he received a call from the state consumer protection agency, where employees reported Martins' bizarre behavior during a visit to the office about a week before the shooting.

While at first maintaining that he wanted to represent himself, Martins later agreed to be represented by attorney David Sereno.

He argued that the state couldn't seek to increase Martins' bail just because he could afford to post the lower amount. Martins' wallet and bank books weren't evidence, although they were kept by police, Sereno said.

"If it is true they denied him access to his money, they have denied his constitutional right to bail," Sereno said.

For more Maui news, visit The Maui News.