NYC police make arrest in fatal subway push



Posted on December 5, 2012 at 2:20 PM

Updated Wednesday, Dec 5 at 6:37 PM

(ABC News) -- A New York City man was charged today with murder for shoving another man onto subway tracks where he was struck and killed by an oncoming train.

Naeem Davis, 30, was charged after being questioned by police since Tuesday about the death of Ki-Suck Han, 58, of Queens, N.Y.

The charges include murder second degree: intentional, as well as murder second degree: depraved indifference.

He is charged with murdering Han "with depraved indifference" not because he intended to kill Han, but because his lack of regard for Han's life resulted in the death. Two sources involved in Davis' arrest and charging say there is a question whether he intended to kill Han or whether his death was an unintended consequence of an altercation.

Davis admitted to police while explaining the incident that he shoved Han in a way that caused him to fall onto the subway tracks, according to multiple sources involved with the investigation.

Han struggled to pull himself up from the shoulder-high track bed and back onto the platform at the 49th Street and Seventh Avenue station around 12:30 p.m. on Monday, but was hit and killed by a Q train when it barrelled into the station.

Davis could be heard arguing with Han before the fatal shove, according to surveillance video from the station. Davis told police that Han was harassing him and would not leave him alone, so he pushed Han.

Detectives are investigating whether the altercation began at the subway station turnstile and whether Han had jumped that turnstile and bumped Davis.

Police are also awaiting toxicology results on Han, who was found with an empty pint bottle of vodka on him when he died, according to sources.

For more on this story from ABC, click here.