A 35-year-old man accused of shoving a drunken straphanger to his death in front of a Q train in 2012 had been stalked and threatened by the victim, his lawyer said Monday.
Ki-Suck Han, who was belligerent by all accounts, had twice said he would “f—ing kill” Naeem Davis, defense attorney Stephen Pokart said as Davis’ trial opened in Manhattan Supreme Court. Then Han followed Davis to the platform from the turnstile area at the W. 49th St. and Seventh Ave. station.
“Mr. Davis had damn good reason to believe his life was in danger ,” Pokart said.
Prosecutors say Davis did not have to heartlessly throw Han onto the tracks, where moments later the downtown Q train would go into “emergency” mode but would not be able to stop before crushing him against the platform as he tried to haul himself up.
“Rage is what ended Mr. Han’s life, not fear,” Assistant District Attorney Heather Buchanan said.
She said Davis, who made money by assisting neighborhood vendors, was having a bad week because a Times Square souvenir seller he worked with had tossed out his new Timberlands. Han’s pestering and annoying behavior “throws the final spark into his day.”
Buchanan said the 59-year-old Queens man did not get physical, but Davis snapped, anyway. “The defendant sends him flying through the air, onto the awaiting tracks,” she said.
Davis faces up to life in prison if convicted.