Naeem Davis, the homeless man who was arrested last month for allegedly shoving a Queens man to his death on the subway tracks in Manhattan, admitted to police he shoved the victim into the oncoming train. According to newly-released court papers, Davis, 30, told cops that he realized victim KI-Suck Han was drunk when he saw him at the 49th Street N/R/Q platform: “Yes, for the sake of argument, I could have walked away...But it was just bad timing. He came at the wrong time.” And Davis also revealed one of the reasons his "head wasn't where it was supposed to be that day:" he was still angry because an acquaintance threw away his Timberland boots two days before the fatal shoving.
Davis has pleaded not guilty to charges of 2nd degree murder and manslaughter. According to those court documents, Davis said he had been sent downtown to restock merchandise for the Times Square clothing street vendors he worked for when he saw Han, who was reportedly drunk after fighting with his wife that morning, jump the turnstile. Then Davis says Han threatened him, saying "I'll kill you!"
After he was arrested, a day after the shoving, Davis told cops: "I'm really sorry this happened, really sorry. Do you think I can get a manslaughter charge?" The defense is arguing that Han started the fight and was "clearly pursuing" Davis, but prosecutor James Lin argued Davis's statements show Davis knew better and did not feel threatened.
“There was no other way to prevent injury to himself except by pushing [Han] onto the train tracks with an oncoming train?” asked Judge Bonnie Wittner. “He could have been drunk, but I still don’t think it was in defense to throw somebody onto the subway tracks. I could be wrong.”
