Cuyahoga County’s prosecutor will argue to the Ohio parole board Thursday that a Cleveland man deserves life in prison, not death.

Arthur Tyler was convicted of killing Cleveland produce vendor Sanders Leach in 1983 and is to be executed May 28.

Prosecutor Tim McGinty has filed a statement that says he still believes Tyler was the triggerman, but the case today would not merit the death penalty. He says carrying out Tyler’s death sentence “may undermine public confidence” in the criminal justice system.

Both Tyler and his co-defendant, Leroy Head, gave shifting accounts of what happened the day that the 74-year-old Leach was killed. And McGinty is underscoring that he does not believe Tyler should be released from prison.

Last summer, McGinty unsuccessfully pushed for clemency for Billy Slagle. Slagle then committed suicide on the eve of his execution.