CHICAGO (CBS) — For the first time, there is video available of what exactly what happened to end Anis Tunkegar’s life.

It happened at Washington and Jefferson over Labor Day weekend. A cab driver dies after taking a roundhouse kick to the head. His family wants to know why no charges have been filed when it was caught on surveillance video.

Anis Tunkegar drove his cab from dawn to dusk, his family said. The long hours and Tunkegar’s arthritis made the work physically demanding.

“He did what had to do to provide for family in the hopes that someday the struggle would pay off,” said his son Omar Tunkegar.

Paying off with a comfortable retirement and grandchildren. But the Pakistani immigrant’s dream ended at Washington and Jefferson Sunday afternoon, September 2.

The family’s attorney has surveillance video showing Tunkegar walking over to an Uber driver to complain that driver had damaged Tunkegar’s cab. Tunkegar then goes to the passenger side and flips a side mirror.

The Uber driver gets out and delivers a roundhouse kick to Tunkegar’s head. The 64-year-cab driver was knocked out.

“I don’t know of any legitimate justification for roundhouse kicking an individual for flipping a mirror,” said attorney Michael Gallagher.

Tunkegar died two days later at the hospital.

“When I got the hospital and I sat there with my father. The only consolation was knowing that the police had his killer in custody,” said his son Omar Tunkegar.

There was an arrest, but no charges have been filed against the Uber driver. That upsets Tunkegar’s wife and adult sons.

“Here we are, three months later, still waiting for someone to acknowledge that it’s a crime to kick someone to death in the city of Chicago,” Omar Tunkegar said.

A statement from the Chicago Police Department reads: “The case was presented to the (Illinois) State’s Attorney Office for prosecution and it was deferred back to CPD for a follow-up. The investigation is ongoing.”

From State’s Attorney spokesperson Tandra Simonton: “This incident is the subject of a continuing police investigation.” No further explanation provided.

The identity of the Uber driver hasn’t been released. The ride sharing company released this statement:

“This is a horrible tragedy and our thoughts are with Mr. Tunkegar’s family and loved ones. As soon as we were made aware, we immediately removed this individual’s access from the platform. We will fully cooperate with law enforcement and provide any information that would be helpful for their investigation.”

The spokesperson added that the driver was removed the Uber platform on September 2.