Last week, the homeless man who was arrested for allegedly shoving a Queens man to his death on the subway tracks in Manhattan pleaded "not guilty" to 2nd degree murder charges. Although 30-year-old Naeem Davis has already confessed to shoving 58-year-old Ki-Suck Han onto the tracks at the 49th Street N/R/Q station, he has adamantly insisted that Han was the aggressor with him. To that end, Davis's lawyer has made 500 fliers asking commuters to come forward as witnesses to help clear his client.
Legal Aid lawyer Stephen Pokart and an assistant handed out the fliers today around the 49th Street subway station where the incident occurred. The fliers read, “Are you a witness? Please help,” above the controversial NY Post photo of Han on the tracks. Pokart claims that the Manhattan District Attorney's office has not shared the names of the witnesses they have: "I think it's crucial in this case that the prosecution be more forthcoming with witnesses," Pokart told Judge Alexander Tisch. "What I gather is that there might be exculpatory information out there."
Regarding the fliers, he noted: "It would be nice to hear what they have to say, but why should we have to resort to this?" Davis said in a jailhouse interview that Han, who was found with a bottle of vodka on him and may have been drunk, instigated the fight. "He grabbed my arm. He said, ‘I'm gonna kill you,’” Davis claims. "I yelled at him, "I don't know you. Get away from me."
Pokart noted that from the witness accounts he had read so far, he believes Davis was acting in defense: “If he pushed to get him away from him, it may have been justified,” Pokart said. “Unfortunately, it appears that the push was too hard and he fell off the platform.”