Whitehurst family doesn't get apology from City of Montgomery

MONTGOMERY, AL (WSFA) - They asked for an apology, but they didn't get one. The Whitehurst family went before the Montgomery City Council Tuesday night hoping for an apology nearly 40 years after a loved one's death.

Montgomery police gunned down Bernard Whitehurst in 1975 after mistaking him for a robbery suspect. Then, an investigation showed the department tried to cover up the truth by placing a gun in the victim's hand.

The Whitehursts didn't get an apology, but they did get a response.

"We hear you, we hear you," Montgomery Council President George Jinright said.  That was the only response the Montgomery City Council gave to the family.

"I feel bad because they did not apologize to us," Stacy Whitehurst said.

The innocently slain man's son, Stacy, is upset because he says this is closure the family has been waiting for - for 36 years. And while there was no apology, Jinright was the only city official to address the family with a comment.

"There's a lot more to this than just the Whitehurst family. There's a lot of issues here. And it won't be a snap decision made on this, but we are listening," Jinright said.

Bernard's wife, Florence says that makes her feel like some progress is being made.

"But they didn't say they're sorry, though, but at least the mayor hugged me and it made me feel better," Florence Whitehurst said.

Mrs. Whitehurst says she tried several years ago to seek counsel to help request an apology and compensation, but several attorneys in the state denied her.

"They always told me there wasn't anything there," Mrs. Whitehurst explained.

Attorney Julian McPhillips is now representing the family. In the letter submitted to the city, McPhillips wrote: "The moral obligation of the city of Montgomery in this case is strong. It is undisputed that Bernard Whitehurst was shot and killed by Montgomery police when he was not involved in any crime."

In addition to the apology, they are also requesting compensation: $125,000 to be split between five family members.

"We are going to continue on seeking justice. If we have to take this to the nation we will, and we just want to be done right. We just want this to end," Stacy Whitehurst said.

Since the Whitehurst family and Attorney McPhillips addressed the council, the mayor did not make any comments.

Council members say the request will be discussed during a closed, executive session sometime within the next month.

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