Very hard to believe due to that fact that Persico was out when Bill was whacked.
If he was away then maybe yes Waverly, acted on his own as acting boss, he had that power.

Maybe Waverly is a CAGEY fuck
he is free walking the streets of B.K. while Persico is away for life.

I mean you have Billy's meat head son advocating for Persico to get a new trial.
So strange