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Man who pushed stranger in path of New York train acquitted of murder after arguing self-defence

Ki-suck Han, killed in 2012, was depicted as the drunken instigator of the fateful encounter with Naeem Davis, who tried to walk away from their argument

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Naeem Davis (centre) is led into Manhattan Criminal Court by police in New York on December 5, 2012. Davis was found to have been defending himself when he pushed Ki-suck Han into the path of an oncoming subway train. Photo: EPA
Associated Press

A man accused of killing a stranger by shoving him onto subway tracks, where his imminent death by an oncoming train was captured in a photograph splashed across a newspaper front page, was acquitted Monday of murder and other charges.

Naeem Davis, 34, had said he was defending himself when he pushed Ki-suck Han off a train platform near Times Square in December 2012. He said the 58-year-old was the drunken instigator of the deadly altercation.

In court papers, Davis said that after the two accidentally bumped into each other, 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.
The controversial New York Post front page that depicted Ki-suck Han moment before he was stuck and killed by an oncoming subway train. The SCMP has deliberately cropped Han out of the photo. Photo: New York Post
The controversial New York Post front page that depicted Ki-suck Han moment before he was stuck and killed by an oncoming subway train. The SCMP has deliberately cropped Han out of the photo. Photo: New York Post
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“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.

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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.

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