In court documents filed this week during his arraignment, Davis says he was angry that an acquaintance had thrown away his Timberland boots two days before the early December incident. As a result his “head wasn’t where it was supposed to be that day,” and “[Han] came at the wrong time,” he claims.
Davis insists Han started the fight.
According to him, the 59-year-old Father jumped the turnstile at the 49th St/7th Avenue subway station, approached him, and said, “I’ll kill you.” Han then supposedly began following Davis while intoxicated, leading to their alleged argument that was an impetus for Davis shoving Han on to the tracks, according to the New York Daily News.
The 30-year-old street vendor assistant told authorities that Han “rolled like a bowling ball” when he fell and begged police at the Midtown North Precinct to give him a break by charging him with manslaughter. Davis’ defense attorney backed up his statements, saying Han was “clearly pursuing” Davis and he was only defending himself.
Watch a news report about Naeem Davis “hearing voices” while being held at Rikers Island:
Still, prosecutors question Davis’ “reaction,” with the trial judge Bonnie Wittner even asking during the arraignment, “There was no other way to prevent injury to [Davis] except by pushing him [Han] on the train tracks with an oncoming train coming?”
Davis is being held without bail and will return to court January 22nd for a bail hearing. If convicted of first- and- second-degree manslaughter, he faces life in prison.