* New York man charged with second degree murder, denied
* Photographer who saw push says could not have saved victim
(Adds suspect denied bail)
By Chris Francescani
NEW YORK, Dec 5 A New York man was charged with
murder and denied bail on Wednesday for pushing a subway rider
onto the tracks ahead of an oncoming train in a tragedy that has
traumatized witnesses and raised questions about why nobody
rushed to the victim's aid.
Naeem Davis, 30, was charged with one count of second degree
murder and one count of second degree murder with depraved
indifference, New York City police said.
He was ordered held without bail pending a second court
appearance on Dec. 11th, Manhattan Criminal Court Judge Lynn
Kottler said at a hearing late on Wednesday.
Monday's incident - captured in dramatic photographs with
the train bearing down on the hapless victim -- has struck a
nerve among riders of the subway used by over 5 million riders a
day who are often jostled by strangers on crowded platforms.
Davis was accused of pushing Ki-Suck Han, 58, onto the
tracks as a southbound train pulled into the 49th Street
station. He was due to appear in New York State Supreme Court
later on Wednesday or Thursday.
Davis was first brought in for questioning on Tuesday,
during which he "implicated himself in the incident," according
to Police Department spokesman Paul Browne.
Amateur video showed Davis and Han arguing moments before
Han was shoved.
"He attacked me first," Davis told reporters as officers
escorted him to jail on Wednesday. "He grabbed me."
A reporter for PIX11 television news, which captured Davis'
comments, asked if he intended to kill Han, and Davis responded,
Manhattan prosecutor James Lin said at a court hearing that
Davis "has admitted to lifting [the victim] off his feet and
pushing off the wall behind him to add more force" to the fatal
Han's family recalled him as a caring father who came to the
United States from South Korea 25 years ago in search of a
"My dad was always someone who wanted to pursue the American
dream. He really enforced my education and he was just always
there for me. It's just devastating that he's gone and I'm still
in disbelief," Ashley Han, a 20-year-old college student, told
Speaking softly in Korean with her head bowed, Han's wife
thanked supporters and asked the media for privacy.
"We are now grieving because we've lost a husband and a
father," Serim Han said.
PHOTO STIRS CONTROVERSY
The news photographer whose pictures of Han in the path of
the train unleashed a maelstrom of criticism said he was too far
from the victim to offer help.
R. Umar Abbasi, a freelance photographer for the tabloid New
York Post, said he rapidly shot dozens of frames so that his
flash might alert the motorman and that he himself was too far
away to help.
Seconds later the train struck and killed Han.
"My condolences to the family, and if I could have, I would
have pulled Mr. Han out," Abbasi said on NBC's "Today" show.
The Post, no stranger to controversy over lurid headlines
and stories, sparked greater outrage than usual on Tuesday when
it featured one of Abbasi's photographs on its front page.
Under the headline "DOOMED," it showed Han trying to pull
himself from the tracks and looking into the lights of the
In a first-person account published in the Post, Abbasi said
the incident "was one of the most horrible things I have ever
seen, to watch that man dying there."
"The sad part is, there were people who were close to the
victim, who watched and didn't do anything," he said. "You can
see it in the pictures."
The motorman, Terrence Legree, was treated for shock after
the incident, the New York Daily News reported.
Legree, who could see Han from his seat at the head of the
train, told the Daily News he noticed people on the platform
waving their arms to warn him and said he slammed on the
emergency brake when he saw Han on the roadbed.
Legree said he was feeling "all kinds of emotions from 'Why
is this happening' to 'Why was that guy down there' to 'What
(Additional reporting by Angela Moore; Editing by Daniel Trotta
and Philip Barbara)