A homeless man who allegedly pushed a drunk Korean to his death has been found not guilty for an incident that took place 5 years ago. Sierra Leone refugee Naeem Davis was accused of pushing Ki-Suck Han to his death on Dec. 3, 2012.
According to NYTimes, a Manhattan jury found Davis not guilty of all charges, which included criminally negligent homicide and first-degree manslaughter. Davis insisted that he acted on self-defense when the drunk Korean man threatened to “kill” him.
The 35-year-old homeless man admitted that he now “feels good” after the trial and that he’s “thankful” for his freedom. In fact, Davis revealed that he “knew” that this day would eventually happen. “If you work and have a job and do the right thing, the law is going to work on your behalf,” Davis explained to the media outlets. Davis revealed that he’s going back to France after the trial as he hopes to reunite with his family.
According to the NYPost, the altercation began when Mr. Han persistently threatened Davis saying, “I’m going to kill you.” Mr. Han’s incessant rambling led Davis to push the seemingly drunk Korean onto the train tracks.
Mr. Han met his demise when he failed to climb out of the train tracks on time just as a moving train was heading his way. The incident earned Davis a lot of notoriety, with some tabloids even referred to him as the “subway fiend.” With that said, there are prosecutors who aren’t entirely in favor of Davis’ freedom.
Despite the conclusion of the trial, some prosecutors believe that Davis should have avoided the altercation altogether. Prosecutor Charles Whitt contended that Davis shouldn’t have used force since he knew Mr. Han was impaired by alcohol, thus not becoming much of a threat to his life.
Mr. Whitt argued that Davis’ actions were driven by rage, not fear, thus being the equivalent to throwing a “feeble old man” who was 5-foot-3 and weighed 122 pounds onto the tracks, according to the New York Post.
Whitt argued that, “He [Han] went flying back, flying through the air,” as Davis stood there, “listening to Mr. Han’s sternum and bones crack, [watching] the blood coming out of his mouth,” citing Davis’ own statements.
“What he did was heinous.”
However, the prosecutor’s argument did not change the result of the trial since there’s clearly not enough evidence against Mr. Davis.
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