Richard Henderson was shot and killed on a Manhattan-bound 3 train in January while he was trying to break up a fight.

As the school crossing guard waited for first responders, his widow Jakeba Dockery said Metropolitan Transportation Authority employees took photos of him while he lay dying on the train in Crown Heights.

“He was alive and aware of the commotion around him. Very aware,” Dockery said.


What You Need To Know

  • Jakeba Dockery, the widow of Richard Henderson, said that first responders took photos of Henderson as he was dying on a train in Crown Heights
  • Dockery now intends to sue the Metropolitan Transportation Authority for just under $29 million
  • Attorney Kaivan Shroff said any lawsuit would likely be settled before it reaches a jury
  • Police have still not made an arrest in the murder of Henderson

Dockery now intends to sue the MTA for just under $29 million because that was the judgement awarded to Vanessa Bryant after Kobe Bryant’s fatal helicopter crash.

Vanessa Bryant sued Los Angeles County after first responders took photos of the basketball star and their daughter’s bodies before sharing the pictures.

“As a result of the Kobe Bryant case, California actually criminalized disseminating photos from a crime scene,” said Mark Shirian, Dockery's lawyer.

Dockery said the MTA is responsible for its employees, who she claims not only took photos of Henderson, but sent them to other employees and shared them on social media.

“My kids saw it,” Dockery said. “My oldest daughter rides the 3 train and breaks down every time.”

MTA CEO Janno Leiber spoke about the pending lawsuit and said the transit agency is investigating the incident.

“We are actually conducting an internal investigation to see if that happened. I don’t know that it did. The investigation is ongoing,” Leiber said.

Public interest attorney Kaivan Shroff said any lawsuit would likely be settled before it reaches a jury.

“The MTA is sort of risking a bigger judgement if they don’t settle, but also some really negative [public relations] here I think as well, as the court of public opinion matters too,” Shroff said.

Police have still not made an arrest in the murder of Henderson.