PITTSBURG — A man who is serving a life sentence for his role in the shooting death of a Pittsburg police officer is asking a Contra Costa County court to re-sentence him as a juvenile, a motion that would mean his immediate release if it’s granted.

Andrew Moffett, 32, was convicted of murdering Officer Larry Lasater and sentenced to life in 2008. He was just four days shy of his 18th birthday in 2005, when he helped plan a store robbery that led to his cohort, Alexander Rashad Hamilton, 33, fatally shooting Lasater while he attempted to arrest the pair.

Hamilton was sentenced to death, and he remains on death row. Moffett was sentenced to life without the chance of parole, but because he was underage at the time of the crime, a recent state law has opened the door for him to receive a parole hearing in 2039, after he serves 25 years.

But Moffett is asking for a judge to re-sentence him as a juvenile, arguing through his attorneys that he shouldn’t have been tried as an adult. When determining whether a juvenile sentence is proper, judges are allowed to consider the defendant’s age, maturity level, and the facts of the crime.

Moffett has already been re-sentenced three prior times, including a 2014 when he admitted to planning the crime, supplying the gun and ammunition, and acquiring a stolen car for him and Hamilton to use. Lasater’s brother said in 2014 that each re-sentencing hearing was “torture” for the family.

As it stands now, Moffett’s hearing is set to go in front of Judge Laurel Brady, and if it does, Moffett likely has a slim chance at success. When she sentenced Moffett to life in prison in 2008, Brady noted that Moffett’s actions: “were not those of an irresponsible or impulsive child, nor were they the product of peer pressure or coercion by others or surprise. They were the very adult, very violent acts of a young man who showed no regard for the impact of his actions on the victims in this case.”

Brady when on to say that at the time of the offense, Moffett was not “irrational, immature, or childlike” and that he was not a “juvenile offender whose crime reflects unfortunate yet transient immaturity,” according to court records.

That may be why Moffett is currently attempting to get a new judge for his hearing, but so far, he has failed at that as well. In January, an appeals court ruled against Moffett’s attempt to get a different judge than Brady. He is appealing to the California Supreme Court.