A man has been acquitted of murder after he pushed a stranger onto subway tracks where he was then crushed to death by an oncoming train.
Naeem Davis, 34, was acquitted, not only of murder, but also of every other charge brought against him. His defence had been that he pushed Ki-Suck Han, 58, off a train platform in self-defense.
The incident happened in December 2012 near Times Square and the moment Han was crushed by a train was captured and splashed across newspaper front page all over the country. Davis said the deceased was drunk and had started the altercation which led to him defending himself by pushing him off the train.
In court papers, Davis said that after he and Han accidentally bumped into each other, Han followed him down the platform, hurling obscenities at him then 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 shot by a witness served to corroborate Davis’ story. In the video, Davis is seen telling Han to leave him alone. But Han refused and tried to drag him. This caused him to push the older man away, then Han fell head first onto the tracks and rolled. A minute passed before he was crushed by a train. During that short period, no one moved to help him, though photographers captured it in photos. This led to a debate about ethics and journalism as people questioned why the journalist was more concerned with taking photos than helping the man out of danger. The photographer said that he was trying to alert the train operator by flashing his camera.
Prosecutors brought a murder charge against Davis. He also was charged with manslaughter and criminally negligent homicide. Davis admitted watching as Han tried without succeeding to climb off the tracks before he was hit by an oncoming train. Davis said it because he “freaked” out so he fled.
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