Family Seeks City Apology in 36-Year-Old Wrongful Death Case

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By Katy Sulhoff

Story Created: May 30, 2012 at 5:06 PM CDT

Story Updated: May 30, 2012 at 8:28 PM CDT

Nearly 40 years after the wrongful shooting death of a black man in Montgomery by a police officer, his family is asking for an apology.

The shooting death of Bernard Whitehurst made headlines in the late 70's and it's making news again.

At next Tuesday's city council meeting, Whitehurst's family is asking the city for an apology and compensation.

"Just apologize. That's what I want them to do. Tell me they're sorry or something. Make me feel better...because I've been hurting 37 years," Whitehurst's widow Florence Whitehurst told CBS 8 News.

"It's been so long in the eyes of the people, but me and my family. It's like yesterday," said Stacy Whitehurst, Bernard's son.

Whitehurst was shot and killed by a Montgomery police officer December 2, 1975.

They claimed at the time Whitehurst fired at police while fleeing a robbery at a curb market that used to be located on W. Jeff Davis Avenue.

It was later discovered he was not the right man, and police placed a gun beside his body after killing him.

The subsequent scandal and cover up led to the resignation of several high level positions including then Montgomery Mayor Jim Robinson.

Montgomery lawyer Julian McPhillips is leading the charge -- trying to get the justice the family believes was never served.

"If Montgomery, the city and this mayor will take a stance of humility and say that even though this happened with a different mayor, different city council, different police force, what we have here today we recognize there was a great wrong done," McPhillips said.
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