POLK COUNTY, Fla. (WFLA) — The family of a worker killed on the job at a Polk County landfill is demanding there be criminal charges.

40-year-old Aaron Henderson died when a bulldozer crushed the porta-potty he was inside on March 4th. The sheriff’s office says this was an industrial accident, but that conclusion is not sitting well with Henderson’s family.

Nearly a month after Henderson’s tragic death, his family is still asking why and how.

Henderson’s family and Black Lives Matter Restoration Polk Inc gathered outside the Polk County courthouse Tuesday demanding that state attorney Brian Haas charge John Johnson, the man investigators say ran Henderson over with negligent homicide.

“Even though this may have been an accident, oversight does not exclude negligence,” Co-founder of Black Lives Matter Restoration Polk Inc. Pastor Carl Soto said. “We understand this could have been an accident, but multiple steps should have been taken that would have avoided this tragedy.”

Lenard Henderson was in tears Tuesday, remembering his younger brother Aaron, who was also a father, son and cousin. Their mother, who’s in the hospital, is heartbroken.

“It’s killing her, she was already sick, so this made it worse,” Henderson said. “He was just trying to better his life and be a better person.”

Melissa Harvey has one word to describe her brother, loving.

“He doesn’t know what he took from me,” Harvey said. “He was a brother anybody would want this is just too much.”

Sheriff Grady Judd says while this is a horrible tragedy, there’s no evidence of criminal wrongdoing in Henderson’s death, and there’s video that supports their investigation.

“It’s hard to accept this as a family and I understand but it’s not a criminal event,” Judd said. “He (the bulldozer driver) was devastated, as we all are.”

Henderson’s family doesn’t believe this was an accident.

“We just want the truth, we want to know what the truth is,” Henderson said.

The Henderson family has retained the services of the Benjamin Crump as they move forward with civil litigation.

OSHA sent 8 On Your Side this statement:

OSHA has initiated an investigation into this tragic incident. At this time, we are unable to share anything further.