At Tuesday night's city council meeting, the family of Bernard Whitehurst made an appeal to city leaders. They want some sort of justice for the husband and father that was killed by a Montgomery police officer in 1975.

The family says in all these years, they've never gotten an apology and for the last time, the family asked for one tonight.

The widow of Bernard Whitehurst, a man killed 37 years ago, is still unable to choke back her tears full of pain.

"I pray to the Lord, let me see this day where I get some closure or something before I leave this world," said Mrs. Whitehurst.

Her husband was shot and killed by a Montgomery police officer in December of 1975.

At the time, police said he was fleeing a robbery, but it turned out they had the wrong man and planted a gun beside his body.

The cover-up led to the resignation of several high level positions and including the mayor at the time, Jim Robinson, but never any apologies.

"No apology. Nobody came to my house to this day apologizing," said Mrs. Whitehurst.

She says after years of different legal representation and seeking out an apology and some type of compensation from the city, the family is hoping this time, their pleas won't fall on deaf ears.

"Money or nothing is going to change the pain, but we do just want justice," said Bernard Whitehurst III, his son who was two months when he was killed.

While the council didn't yet offer any official apology at the meetnig, President Charles Jinright says they do want to give them closure.

"The council has never heard, as a whole, a plea. Now they've heard the conversation and the council will sit down as a group and discuss it," said Jinright.

While the case has passed the statute of limitations for any civil action, the plea the family has made to the city they say, is a moral one.

The family's attorney has asked for $25,000 per family member, which would total $125,000, and they want a public apology.

Jinright says an apology for the family will have to be done the right way.

While the city of Montgomery is still discussing how to recognize the Whitehurst's loss, the Alabama State Legislature has taken action.   

Tuesday night, State Representative Joe Hubbard presented the Whitehurst family with a resolution passed by the House of Representatives on the last day of the legislature. That resolution expressed sympathy and condolences to the family.