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Widow of man shot on subway announces plan to sue MTA over shared photos of her husband

Widow announces plan to sue MTA over photos of her shot husband
Widow announces plan to sue MTA over photos of her shot husband 02:27

NEW YORK -- The widow of a man shot on a Brooklyn train plans to sue over pictures taken of her late husband at the scene. 

She alleges some MTA workers took those photos and shared them. 

Her attorneys said the money they're seeking is equal to the amount the widow of Kobe Bryant received in Los Angeles for a similar lawsuit. 

Jakeba Dockery said she was supposed to be enjoying life with her husband of 20 years right now. 

"Our kids were growing. We're supposed to be traveling right now. But no, I'm alone," she said. 

Richard Henderson
Richard Henderson CBS New York

Back in January, 45-year-old Richard Henderson was shot after trying to intervene when he saw two other passengers about playing music too loudly on a 3 train in Crown Heights. 

They are posting wanted for information posters, using the victims photo to try and drum up tips.

Cops say one man (not involved and not yet identified) was with children on the train, playing music when another straphanger, (believed to be the man in all back in the attached images) became angry.

The victim, who didn't know either man, interceded, said witnesses and tried to calm the situation. That's when the man angry over the playing of the music pulled ou8t a gun and fired before fleeing the train.

Police have not identified or spoken to the mystery man who was playing the music on the train.

Still no arrests.

The father of three, grandfather and beloved crossing guard later died. 

Dockery said, to her horror, she was told photos of her husband at the scene lying in a pool of blood were taken and distributed by, she alleges, MTA employees. 

"How I felt when that picture came through my phone it was just breathtaking," Dockery said. "Horrible, because my kids saw it . Horrible. They shouldn't have seen his father laying in his own blood."

Dockery and her attorneys have filed a notice of claim. They intend to sue for $28.5 million. That's the same amount of money Vanessa Bryant, Kobe Bryant's widow, received after suing Los Angeles county over pictures first responders shared of victims of the 2020 helicopter crash. 

"This shouldn't happen again to nobody. Hoping this will stop it," Dockery said. 

She said she was told her husband was still alive when he was brought to the hospital. 

"The MTA is liable for the acts of its employees," attorney Sanford Rubenstein said. "Perhaps instead of taking pictures, the person who was an MTA employee should've done something about getting him care quicker."

"I don't have any comment on the lawsuit, but I do say if MTA staff were involved in distributing a photo or taking a photo and sending it to others and putting it on the web, that is kind of a heartless thing, and we are actually conducting an internal investigation to see if that happened. I don't know that it did," MTA CEO Janno Lieber said. 

"His loving and caring just took his life that night. He could've just come home, and minded his own business, but he didn't. He intervened, and it cost him his life," Dockery said. 

There are still no arrests in Henderson's murder. There's a $10,000 reward in the case. Anyone with information about the shooting or his killer is asked to call the NYPD's Crime Stoppers hotline at 1-800-577-TIPS (8477), or for Spanish, 1-888-57-PISTA (74782). You can also submit a tip via their website or via DM on Twitter, @NYPDTips. All calls are kept confidential. 

California now has a law making it illegal for first responders to take unauthorized photos of bodies at the scene of accidents and crimes. 

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