Larry Whitehead was sentenced to death by the State of Alabama for the murder of a police officer
According to court documents Larry Whitehead was arrested on a large theft that had the possibility of sending him to prison for life. While out on bail Whitehead would find out where the arresting officer lived and would go to his home and murder him: Albertville police officer Andy Whitten
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Larry Whitehead Case
The evidence presented at trial tended to show the following. Whitehead was an employee at Hudson Foods, Inc. He had been punching his time card when he arrived at work, leaving immediately thereafter, and then returning to work and punching the time card to indicate he had worked a full day. Whitehead’s codefendants, James Matthew Hyde and Stephen Brookshire, had, on several occasions, helped Whitehead with his scheme to be paid without actually working, by punching Whitehead’s time card for him, thus clocking him in and out of work. Hudson Foods eventually became aware of Whitehead’s scheme, and Detective Andrew Whitten of the Albertville Police Department was assigned to investigate Whitehead and the theft allegations Hudson Foods had made against him. Whitten interviewed Whitehead concerning the theft allegations, and he was eventually arrested and charged with theft of property in the first degree. Specifically, he was charged with stealing approximately $12,000 from Hudson Foods.
At the time of his arrest, Whitehead was on parole for a prior felony conviction. A parole revocation hearing was held, and Whitten testified at that hearing concerning his investigation of the Hudson Foods theft case. Upon conclusion of the hearing, however, Whitehead’s parole was not revoked. Approximately one month later, in September 1994, Whitehead was indicted for theft of property in the first degree. Whitten testified before the grand jury that indicted Whitehead concerning his investigation of the theft charges. Whitten was also subpoenaed to testify at Whitehead’s trial, which was set to begin on January 30, 1995. Whitten was shot on January 24, 1995, and on January 25, 1995, he died from injuries he sustained in the shooting.
Whitehead’s codefendant Stephen Brookshire testified that Whitehead approached him on the morning of January 24, 1995, and asked him if he would “drive for him” later that night, telling Brookshire that he had to “get rid of his witness.” (R. 1403.) Brookshire knew that Whitehead had been charged with theft. In fact, Brookshire testified at Whitehead’s parole revocation hearing to the effect that he had clocked Whitehead in and out of work on several occasions.
According to Brookshire, Whitehead and Hyde came to his mobile home on the evening of January 24, 1995, and at approximately 9:00 p.m. that night, the three men left in an automobile, with Brookshire driving. Brookshire testified that they drove to Whitten’s neighborhood, and he parked the car near Whitten’s house and turned off the headlights. Brookshire further testified that Hyde got out of the car and that Whitehead told him, “Don’t mess up.” (R. 1416.) Brookshire stated that Hyde had been gone for several minutes when he heard a single gunshot. According to Brookshire, Hyde came running back to the car, jumped in, and repeatedly told Whitehead that he was “sorry” because Whitten was not dead. Brookshire stated that Hyde told Whitehead that he was able to shoot Whitten only once because, after the first shot, his gun had jammed. Brookshire testified that Whitehead told Hyde it was okay, “we’ll get him later.” (R. 1419.) Brookshire stated that he knew when they left his mobile home that night that they were going to “get rid of” Whitehead’s witness; however, he stated that he did not know the identity of the witness.
Numerous witnesses for the State testified that Whitehead talked frequently about filing a multimillion-dollar civil lawsuit against Hudson Foods for making false allegations of theft against him. On numerous occasions, Whitehead was heard by these witnesses saying that Whitten was the only witness in the theft case and that if Whitten was “out of the way,” he would be acquitted and he could win the civil lawsuit. Wanda Self, Whitehead’s girlfriend, with whom he was living at the time of the murder, testified that shortly after the murder, Whitehead told her that “the deed was done.” (R. 1136.) There was further testimony that Whitehead had said, with regard to his upcoming trial on the theft charges, that he would “shoot up the courtroom with Andy Whitten in it.” (R. 1278.)
There was also testimony from one of Whitten’s neighbors that, several days before the murder, a man knocked on his door wanting to know where Whitten lived. Wanda Self and her daughter both testified that they were with Whitehead several days before the murder when he was looking for Whitten’s house and knocked on the door of a house near Whitten’s to find out where Whitten lived.
Randall Ogle testified that on January 25, 1995, Whitehead asked him to get rid of a .380 caliber semiautomatic pistol, the same type of weapon used to kill Whitten. Ogle stated that he threw the gun in a river. The police were unable to find the gun.
Also, several witnesses who saw Hyde shortly before he left with Whitehead and Brookshire on the evening Whitten was killed testified that Hyde was wearing a blue sweatshirt-type jacket and baseball cap on that night. Further testimony revealed that shortly after the murder, on the same night, Hyde was seen putting a blue sweatshirt-type jacket and a baseball cap into a white plastic bag; the jacket and the cap had been torn into pieces. The testimony revealed that Hyde threw the plastic bag into a river. The police found that plastic bag containing the items of clothing on the day after Whitten’s murder.
Whitehead did not testify at his trial; however, his testimony from Hyde’s trial was read into evidence at his trial. At Hyde’s trial, Whitehead testified that he, and not Hyde, had killed Whitten. Whitehead stated that when they went to Whitten’s house on the night of the shooting, Hyde and Brookshire thought that they were going to a drug dealer’s house to buy drugs. After the State rested its case, the defense called no witnesses.
https://caselaw.findlaw.com/court/al-court-of-criminal-appeals/1116892.html
