[4] There was no autopsy and the body was quickly embalmed before the family was contacted;[5] the coroner relied on police reports that Whitehurst was killed by a bullet fired through the chest.
In October 1976, District Judge Robert E. Varner ruled that any conspiracy to violate Whitehurt's civil rights ended with his death.
[5] In 1976, three Montgomery police detectives faced perjury charges related to the gun found next to Whitehurst's body, though the only trial resulted in a mistrial.
In an attempt to resolve the case, Alabama Attorney General William Baxley agreed that the police involved in the alleged cover-up would not be prosecuted if they passed a polygraph test.
[2] In October 1976, District Judge Robert E. Varner ruled that any conspiracy to violate Whitehurst's civil rights ended with his death.
[5] Following the ruling, the jury returned a verdict in favor of former Police Chief Wright, his top aide Charles Swindall, and Donald Foster.