BOSTON -- The family of a Worcester man who died in police custody said he was beaten by officers and his death has now been ruled a homicide.

Relatives of Kenneth Howe, 45, claims he was assaulted and their attorney said the cause of his death was "blunt force" to the head and chest.

Howe was arrested during a checkpoint in North Andover in November.

"I absolutely think he was murdered and the manner of death is a homicide," said the Howe family attorney Frances King.

King said Howe's death is no longer a mystery. She told NewsCenter 5 that the medical examiner's office has ruled Howe's death a homicide, corroborating what a graphic picture of Howe's injuries appears to show.

"The cause of death is a blunt impact to the head and torso, with compression of the chest Death occurred within minutes," King said.

Photos of the scene taken on Nov. 26 show Howe, a passenger at a sobriety checkpoint, on the ground surrounded by dozens of state and North Andover police as well as officers from the Essex County Sherriff's office.

Police said Howe struggled with them, but his wife doesn't believe it.

"There are so many questions to ask. Did he (think) about us? Did he know he was dying?" Margaret Howe said.

A spokesperson for the the Essex County District Attorney said an investigation into the incident is continuing.

Meanwhile, King said she expects to see indictments in the case and she said she also plans to file a federal civil rights lawsuit next week.