Man Acquitted Of Murder In Deadly 2012 Subway Push
NEW YORK (CBSNewYork/AP) -- A homeless man accused of pushing a stranger to his death in the subway has been acquitted of murder and other charges.
On Monday, a jury cleared 34-year-old Naeem Davis of charges in the December 2012 confrontation after his attorney said he acted in self defense.
Davis' attorney said his client feared for his life after a drunken Ki-Suck Han, 58, followed him into the 49th Street station near Times Square and threatened him.
"Two of the witnesses testified they backed away from Mr Han. Other people got off the benches and went somewhere else. So lots of people were worried about Mr Han. but the only person he focused on, stalked was Naeem," defense attorney Stephen Pokart said.
Davis said the confrontation escalated after the two men accidentally bumped into each other.
In court papers, Davis said Han followed him down the platform, berated him with obscenities, grabbed his shoulder and hurled death threats. Davis claimed that after the accidental bump, Han began yelling, "I'll kill you!'' He also said Han was staggering and slurring his words.
"I don't know you, you don't know me!'' Davis said he responded before trying to walk away.
A video made by a bystander showed Davis telling Han to leave him alone.
Davis said that after Han tried to grab him, he pushed him away and described Han falling "head first onto the tracks and rolling like a bowling ball,'' according to court papers.
Prosecutors brought a murder charge against Davis, arguing he had shown a "depraved indifference'' to Han's life. He also was charged with manslaughter and criminally negligent homicide.
On that day, at least a minute passed before the train hit Han, with none of the nearby bystanders attempting to aid the man. The scene was captured by a tabloid news photographer and set off debates about ethics and journalism. The photographer said at the time he was trying to alert the train operator by flashing his camera.
In written and videotaped statements, Davis admitted watching as Han tried in vain to climb off the tracks before the train struck him, according to a prosecution document.
Davis said he "freaked'' and fled.
(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
