Family of Kevin Powell sues CTA as ex-transit worker charged with his murder

"Tossed around like a bag of garbage"

CHICAGO (CBS) -- Tossed around like a bag of garbage.

That's how an attorney describes the death of a homeless man at the hands of a CTA worker.

A year later, that man's family is speaking out, saying the CTA knew about the employee's history of complaints and that it never should have happened, according to a new lawsuit filed in the case.

Fifty-four-year-old Kevin Powell died underground at the LaSalle Blue Line station.

His life was marked by periods of addiction and homelessness. His family tried to hold back tears as they listened to details about his last moments.

"His addiction did not describe who he was. I wish you all could've gotten to know him. He would have helped anybody who was in need. We just want justice for my brother."

A loving, giving person who wouldn't have harmed anyone. That's how Rachelle Powell describes her older brother, Kevin, who died after an altercation with a CTA employee on March 25 of last year.

Attorneys said surveillance video shows Kevin never fought back in the more than hour-long altercation.

They said Powell was "visibly disoriented" in a wheelchair on the platform when the man now accused of his murder, on-duty employee Emmet Richardson, approached, kicking his wheelchair and causing him to fall to the floor.

The Powell family attorney said Kevin Powell tried to walk away to an elevator, but Richardson followed.

"Kevin was thrown around, he was tossed around, like a bag of garbage. He was shoved down two sets of stairs. He was punched again and again and again," said attorney Lance Northcutt. 

They said the CTA had addressed Richardson's behavior at least twice.

"There were past incidents involving customers where he was reprimanded. Specifically for attitude and hostile behavior towards customers," noted Northcutt.

The Powell family asking for a jury trial and compensation of over $50,000.

"Kevin Powell died without ever clenching a fist, without ever attacking his attacker, without ever defending himself," Northcutt said.

Richardson no longer works for the CTA and is charged with first-degree murder and aggravated battery for Powell's death. 

He's pleaded not guilty and is due in court again Friday for a status update.

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