In May 1998, Sullivan and Harwood were indicted by a Fulton County Grand Jury for the murder of Lita McClinton Sullivan. With Harwood in custody, authorities called Sullivan's lawyers to get him to surrender. But by then, Sullivan had disappeared.
In September 1998, the state issued its intent to seek the death penalty against Tony Harwood. In 2003, Harwood pleaded guilty to voluntary manslaughter with an agreement to testify against Sullivan when he eventually got to trial. In exchange, Harwood's sentence was reduced to twenty years. He sits in the Georgia State Prison in Reidsville.