Subway Pusher May Have Been Justified, Lawyer Says
Davis was probably too 'stunned' to help
By Liam Carnahan, Newser Staff
Posted Dec 12, 2012 8:48 AM CST
Naeem Davis, right, stands in front of Judge Lynn Kotler during his arraignment on murder charges. With him is attorney Stephen Pokart.    (AP Photo/New York Post, William C. Lopez, Pool)

(Newser) – Naeem Davis, the man accused of fatally shoving Ki-Suck Han in front of a NYC subway train, may have been justified because Han was harassing him, his lawyer told a New York City court yesterday. Defense attorney Stephen Pokart cited witness accounts that suggest Han was drunk, reports the New York Times, and pointed to video of Davis asking Han to leave him alone. "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," he continued, but Davis' "intention was clearly to get Mr. Han away from him." Pokart's arguments reflect those made by Davis himself on Monday. Asked why Davis did nothing to help Han, Pokart said his client may have been too "stunned" to help him off the tracks. Davis will appear before a grand jury by Tuesday. (Click to read a more uplifting subway story.)