SPOKANE -- Lonnie James Link, the man convicted of shooting and killing Spokane Detective Brian Orchard 26 years ago is now asking Governor Christine Gregoire to commute his sentence.

Detective Orchard was shot in the head as he tried to arrest a pair of extortion suspects at the Holiday Inn back in 1983. Orchard was the last Spokane policeman shot and killed in the line of duty.

“Our undercover unit was involved at the time and was going to buy some guns stolen during a burglary in Wenatchee,” Sergeant Tony Giannetto with the Spokane Police Department said.

Spokane police had staked out a street behind the former Holiday Inn hoping to bust two men holding more than $100,000 in stolen property. The suspects were sitting in a Cadillac and wanted to exchange their hot guns for cash.

Detective Brian Orchard had grown a thick beard as part of his plainclothes assignment and approached the vehicle ready to make an arrest.

“Detective Brian Orchard was going up to the car and from what I understand they had identified themselves as police officers, that's when Lonnie Link fired a shot from the backseat of the car striking Detective Orchard in the head,” Sergeant Giannetto said.

One year later Link was convicted of aggravated murder and sentenced to life in prison.

Now however Link is petitioning the governor to release him. Link says when he shot Orchard he really thought he was firing at Alvin Hegge, the former president of the Ghost Riders Motorcycle Club.

Link wanted to explain to his jury the fatal shooting was a case of mistaken identity but Hegge told Link if he testified about Ghost Rider involvement in the burglary he'd have Link killed in prison.

Former Spokane County prosecutor Don Brockett now concedes Link didn’t get a fair trial and should be released. Members of the Spokane Police Department like Sergeant Giannetto don’t agree Link should be released.

“I feel he should do life in prison, a jury of his peers found him guilty we shouldn't be second guessing his jury that's what he was sentenced to life without parole,” Sgt. Giannetto said. “He chose to shoot Detective Brian Orchard, his choice was made that night.”

Brockett says in light of this new evidence Link should have been convicted of first degree murder not aggravated murder and that link should be released with the 26 years he's already served.

The Clemency and Pardons Board will hear Link’s request next month in Olympia.