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Subway Push Suspect’s Indictment Delayed

Subway push suspect Naeem Davis (R) is seen on Tuesday, Dec. 4, 2012. (credit: Fios1)

Subway push suspect Naeem Davis (R) is seen on Tuesday, Dec. 4, 2012. (credit: Fios1)

NEW YORK (CBSNewYork) – The man accused of fatally shoving a Queens father to his death off of a subway platform last week appeared in court Tuesday afternoon.

Naeem Davis, 30, had a brief court appearance on Tuesday just to hear that he has not yet been indicted.

WCBS 880’s Irene Cornell reports

The suspect’s attorney Stephen Pokart had waived the grand jury deadline because he had a plan, WCBS 880’s Irene Cornell reported.

The defense attorney wanted to make a public pitch for getting the names of witnesses of the fatal subway pushing incident.

Pokart railed against the Manhattan District Attorney’s office during the hearing Tuesday, complaining that they are very restrictive about evidence they share with the defense.

Pokart claimed he has been reduced to handing out fliers in the Times Square subway station to try to find witnesses.

Pokart suggested that when Davis pushed Ki-Suck Han in front of an incoming Q train, it could have been in self defense because Han was drunk, Cornell reported.

The defense lawyer has suggested that Han was the aggressor in the incident. A cell phone video captured before the shoving incident shows Davis shouting at a man, asking to be left alone.

A handful of Davis’ street vendor friends were in court for the appearance, shouting “Naeem, keep your head up,” Cornell reported.

Davis was charged last week with second-degree intentional murder and second-degree depraved indifference murder, police said.

He is being held without bail.

Davis was initially taken into custody last Tuesday near 50th Street and Seventh Avenue after police said detectives saw security video that showed a man fitting the description of the suspect near Rockefeller Center.

Police said Davis implicated himself in Han’s death while being questioned Tuesday night.

Han was hit by a southbound Q train at the 49th Street station after getting into an altercation with the suspect on the subway platform, police said.

In cell phone video released by police, authorities believe Davis can be seen arguing with the victim, telling him “Take your [expletive] over there, stand on line, wait for the R train.”

After being pushed onto the tracks, Han tried to scramble back onto the platform but was crushed by the oncoming train, police said.

Police said Davis is homeless. He is known by some in the area as someone who assisted sidewalk vendors. Others described him as a panhandler who seemed mentally disturbed and was often seen talking to himself.