Race has nothing to do with this, this is just a cold blooded murderer, 28 years younger than the victim, a bully with no remorse for his actions blaming the person who can't defend himself.

This guy sounds like what an 8 year old boy would say to defend himself from punishment for hitting a sibling. "He started it, it was his fault." What a jackass. 30 year old bullying a 58 year old. Give me a break. Throw the book at him, I have no sympothy for this jack ass.

Thankfully we can't walk in the shoes of the "pushed" because that would mean we would be dead...*shrug*

It's interesting, while I dont believe that this guy intended to kill him - I do believe that when he shoved him hard enough to go onto the tracks he knew full well the result of his actions.

Then he chose to do nothing, but watch, and then walk away.

Sociopath in my book.

and of course, he wasnt the only person within distance of being able to help this man - and everyone else, too, just stood and watched....some took pictures of the dead man on the tracks afterwards with their phones.

the guy who took the photo that he then sold to the Post - claims he was too far away to do anything other than snap random pictures to get the train operators attn.

I dont know how you sell that photo and expect people to believe that you were doing anything other than taking great advantage of someone elses misfortune, I mean, had he helped the guy - he wouldnt have gotten that great shot.

we live in a sick sick world...

I'd like to think this guy goes to jail for killing some one.

The guy is probably a parnoid schizophrenic and illegal drug abuser. This is what happens when you don't give them help and get them off the streets.

So, according to the plaintiff...the victim was drunk, eh?

Well......that can, and no doubt, will be checked.

Can hardly wait to hear that results..

All of you assume that the 28 year old pushed the the old man for no reason. Maybe he did or maybe he didn't, the article said there was a tape of him saying 'Leave Me Alone and WAIT for the R Train'. Maybe the old guy was DRUNK and being an A$$HOLE. But still the pusher could have walked away and should get punished for pushing the guy t his death and not walking away, or just bitting his lip and not reacted.

So in effect what I'm saying is don't be the judge, jury and excutioner here.

Since the pusher is black, his story will automatically be given kid glove treatment by the media and the prosecutors, and will be presumed true until proven false (and maybe even in SPITE of being proven false). Counter this with the Zimmerman/Martin Case, where the prosecutors purposely withheld color photographs that showed Zimmerman with a broken bloody nose because it would have changed public perceptions of the case.

Is NO ONE in America honest anymore? Does anyone seek the truth without an agenda? Is there any public official now who can be trusted to be acting in the country's best interest?

Those photographs change nothing about the Zimmerman/Martin case. The fact of the matter is that Zimmerman was following, and then started questioning Martin with no cause, and when he had no authority to do so even if there was cause. They got in a confrontation, and no matter how aggressive Martin may have gotten, it doesn't justify shooting him. It also was all the result of a situation that Zimmerman had no business causing. The fact that Zimmerman ended up with a bloody nose during the altercation changes nothing and justifies nothing.

And on the topic of race, Martin isn't being defended because he's black and being treated with kid gloves. It's relevant in that case because "being black" seemed to be the only reason Zimmerman thought he looked suspicious. He was literally followed and confronted for being a black kid by a crazy vigilante without a cause, and it cost him his young life.

I don't see how race plays into this subway case. It's irrelevant and I don't think anyone sympathizes with this guy for shoving a man on subway tracks to his death.

DrowningGrover, how do you know what transpired - were you there or have access to video? From the initial news reports - it would suggest that the aggressor has not been clearly identified. I would tell you that the younger person's attitude/behavior (after pushing the older man onto the tracks) is a bit suspect. Not going for help and calmly watching the train run the person over - that is callous. Oh and I have no problem with defending myself in Texas against anyone (no matter there age, size, etc.) as I have a CHL, well trained marksman and will use deadly force to protect myself and my family.

The DA has a video, taken at the scene, of what Davis did to the victim, 58 year old Mr. Han. It looks like Davis initiated trouble with Mr.Han and killed him. DA and CSI, with the video and smear samples, will clarify facts...Gotta Wait.

Jessica, let's say you do go try to help the victim. Given the time frame. You are also highly likely to die or be seriously injured if you assist. When the phtographer tried to save the man 10 seconds in out of the 20, he was confronted by the suspect who threw in the victim. You have no idea if he throws you in too. Are you really going to turn your back on the suspect?

Also, you have no idea of the size/weight of the victim, who is also below you so you have no leverage. You have no idea if he was disabled. You have no idea if he is going to hang onto you or pull you down with him. Or like I said above, if the suspect pushes you from behind. You have no idea if the victim is panicking (or in this case, maybe drunk?). Once he grabs you, your fate is tied to his. This is exactly why untrained rescuers tend to die all the time. They tend to make the situation worse because they had no idea what they got themselves into.

I look forward to the marches led by Al "Big Mouth" Sharpton and Jesse Jackass demanding "Justice for Naeem"

Hmmm, speaking of prejudice, when I first heard this story I thought like everybody else 'cold-blooded murder, etc.' but then I saw the video.

The stance of the man who was pushed was definitely aggressive and I heard the pusher say 'leave me alone'. Reports by witnesses are now that the man who was pushed appeared to be drunk. Obviously death is far too great a punishment for acting like an ass and this man didn't possibly deserve this, but I doubt the pusher meant to kill him either.

Not defending his actions, but I expect when this is sorted out the charges will be manslaughter not murder. The point of this post is there are several posting here with the prejudice the initial story put in their head who have either not seen the video or are still prejudicing their opinion of the incident after having seen it themselves.

I recommend viewing the video without a news anchor talking over it. Judge for yourself and try to have an open mind about the facts of the case.

Again....people spewing off about the things that define their character....but finding a way to criticize how the News reports things, the President, Black activists, and a case in Florida that isn't even related. For what it's worth, how about we wait until ALL the facts come out before we start castigating and convicting this person and showing the inability to have unbiased views on these kinds of atrocities. Until then, I am more worried about the person who just died and their family then the person arrested, because his time will come IN COURT. Public opinion means absolutely nothing.

Gabbo-

I would rather try and fail then to have stood by and watched a man die.

Maybe if he had left Davis alone like he was asked, he would not have been pushed on the tracks. Just saying.

Mindie, that's just backdoor analysis. The suspect stopped the photographer from even attempting to save the guy. Once the victim grabs your hand, you're probably just as dead as he is because he isn't letting go. Or he grabs your leg, great, you just got dragged by the train. Go ask your family if that's ok.

You've only got 20 seconds, it's not like you have 2 minutes.

Noladude: "Sounds like Florida all over again. Poor black man couldn't do wrong. It was the victim's fault"

Huh? "Florida all over again?" Referring to Zimmerman & Martin? Where Martin ("the poor black man who could do no wrong") was the "victim"?

What are you trying to say dude? Nola know nada?

Devil's Son: "The guy is probably a parnoid schizophrenic and illegal drug abuser. This is what happens when you don't give them help and get them off the streets."

OK. With respect, would it be ok if he was a LEGAL drug user? On meds for his alleged "paranoid schizophrenia"? There are MORE legal users in the USA than illegal drug users. I'm just curious...what do you think about legal drug users on meds? Get them off the streets too?

Well, maybe not--because who'd be left? (Actually that might be kinda cool too).... ;^)

A in Miami:

Apparently the A in your handle stands for "Horses Ass." You seem to think that only white folk can commit racially motovated acts of hatred and violence. You are either blind, stupid, or both. In order to reduce race-based hatred we must first be willing to recognize it, and not assume only one race projects it.

Gabbo- I agree its a short amount of time but my instinct would be to try. I have a wonderful family and two gorgeous little boys but I know in the heat of the moment my first thought would be to try and help another person. I wouldn't be thinking about my own life. If I had more time to think about it I might think different but given a short amount of time I would react first. It may cost me my life, yes, but I wouldn't be like any of those who stood by and did nothing. I did not hear about the suspect stopping anyone from helping. If someone said I'll kill you if you try to help that would be a totally different scenario. I wouldn't try most likely.

Chalk this one up on the FBI Uniform Crime Report as Murder by TRAIN. I think we need to go ahead and ban trains before this becomes a growing trend.

When the phtographer (sic) tried to save the man 10 seconds in out of the 20, he was confronted by the suspect who threw in the victim.

Gabbo1 - when was this published? The photographer was interviewed on the Today show yesterday, and the interview was re-aired several times during the day. I don't recall him saying anything about trying to save the victim and being confronted by the suspect. All he said was that he blinked his flash at the train as a warning to stop.

to push someone after an argument is one thing but to watch him fall onto the tracks, see the train coming and do nothing???? that is inexcusable.

lock this guy up and throw away the key. you will be doing society a favor!

the entire encounter was captured on Video; he will no longer be homeless for the next 15-25 years; 3 meals a day and a cot to sleep on, with clothes furnished.

Atticus, it was in the original story. The photographer moved to save the victim, but was slowed/harrassed by the suspect. The photog moved backwards, so the wall was behind him because he was afraid the suspect would also throw him onto the tracks.

Mindie, how do you know that no one tried to help? You don't, as you weren't there. Helping in lose/lose scenarios always makes things worse. All you do there is get yourself killed, you would be lucky to only receive broken bones. Just google "rescuer killed". You will see many good samaritans die because they don't understand the risks.

Uh... No. Han, the man pushed onto the tracks started the fight. The video and its audio track shows that. The photographer who took the picture published by the NY Post was about 400 feet away when he saw that there was a man on the track and the picture published was taken while running towards the man on the tracks. The fastest men alive can't run that distance in less than about 11 seconds in track gear, and all you armchair heroes can't do it in less than 15 seconds or more in street clothing especially while trying to avoid the pusher running towards you. The photographer WAS NOT the closest person to the man on the track, he was one of the furthest away at the far end of a 500 foot platform (that's more than a football field length away). People less than 100 feet from the person on the track did nothing. It's no wonder too. The adult angry male on the track started a fight with another adult male. Any reasonable person thinking about intervening in a fight between two angry adult males on a NY subway platform is going to also be thinking about whether one or both have a knife or gun, whether one or both is going to put you onto the track for helping and whether you are going to be the next victim. Dead would-be heroes don't save anyone and just create more victims. By that time, it's all over.

Gabbo, I didn't say noone tried to help. I said I would. I'm done talking about this though. I would help him, you would not. Nuff said.

what about the video... or are you too damn stupid to hear the man yelling "LEAVE ME ALONE!"... or are you gonna fall victim to your fears as well... LISTEN AND LOOK AT THE VIDEO...

YOU MIGHT BE WRONG HERE...

Looks like I have to read for detail. My apologies! I was incorrect. Glad I went back to check. Regardless, one doesn't need to throw and older person on to train tracks to defend one's self. Especially at the ripe young age of 28. Shove the aggressor the other way. Or here is a novel idea.....walk away!

Mike I used to yell "LEAVE ME ALONE!" when I was a kid and I never pushed anyone in front of a train....No excuse for doing that...

But of course people like you will think it was ok cuz golly gee he was being mean...

Tool....

A number of news outlets have interviewed witnesses and the story that's been emerging rather consistently is that the crazy killer was harassing other passengers at the turnstiles. When he got to the guy he later murdered, the guy (who may or may not have been fortified with alcohol.. his wife said he had been drinking earlier) decided not to take it and yelled at him to calm down and that he was scaring people. They walked down the platform together still yelling at each other and then the crazy guy pushed his victim onto the tracks.

If "attacked" means stood up to the crazy guy harassing you with some harsh words, then, yes, Han attacked Davis. In world world terms, it was the other way around. Yes, a possibly inebriated Han exercised extremely poor judgement in engaging with an aggressive, unstable guy.. he should've just done the usual NYC think and ignored him, but, in the end, it was Davis who committed the crime.

Taking an obviously unstable person Davis at his word, even if he did yell "leave me alone" is just idiotic. For all we know, he was delusional throughout the whole episode. In any event, I doubt very much this troubled murderer's definition of 'attacked' corresponds to any dictionary definition of that term.

Mike, things like logic and facts don't do very well with the regular crowd here. But im guessing you figured that out by now.

It's the George Zimmerman defense.

Oh, fubar, once you posted your dumb remarks, it's too late to take them back. People like you who falsely attack others for failing to read, when they have failed to read correctly themselves, are my greatest peeve.

And then you sloppily excuse your stupid remark and state the obvious, which is that Davis still shouldn't have pushed Han. Duh!

Actually if it were true, AND he were sorry, he would have stuck around.

I'm thinking he just shoved the guy (Han), who may have been facing the wrong direction. But "calmly" putting his coat back on, picking up his coffee and leaving? I would have to have been there and watched the entire episode to be able to say what I "think" I may have seen. And even then, what you "think" you see may not be the actual thing. Good luck to the jury on this one...it's up to Prosecution to make their case, but if, in fact, Davis meant to push him onto the tracks then he should pay for his actions.

Mike Hense - Searching For Rule Of Law, it doesn't really matter. There is no excuse for pushing someone into the path of an oncoming train. Even if a train was not pulling into the station, it is still quite dangerous to be near the tracks.

You are absolutely correct Ryan. He pushed the man on the tracks and then watched him die. It's murder.

Not so fast, this could be manslaughter. If Han was assaulting Davis (in the legal sense of the word), this would not be murder.

Even on the video, Davis is essentially asking Han to leave him alone (for whatever reason) and when Han does not Davis shoves him. Davis should not have shoved him onto the tracks, that is very clear, but at this point none of us know what transpired in the altercation PRIOR to the shove.

I feel sorry for both men...

He is charged with manslaughter, not murder. It is voluntary manslaughter because he did intend to push the victim.

Lol Mike Hense, nice play on my name. I am not going to even attempt to fight with you because you are just an internet tough guy and I've had my fill of those lately.

My reasoning as to why I believe he murdered the man is because of what witnesses say he did after. He watched the train hit the man then he calmly picked up his belongings and left. He knew what he did and was okay with it. He pushed a man in front of the train, let him get hit, and walked away as if he stepped on a bug. I understand that Davis was protecting himself when he pushed Han, but he could've pushed him down or away from him without pushing him into the path of an oncoming train. He left the scene and did not stay for police or paramedics to show up because he knew what he did was wrong.

i'm no tough guy Mindie... i'm just appalled at all the mindless stupidity of a gullible, malleable public...

and what do you expect me to do... sit by and listen to your particular foolishness without saying anything...

does that make me a tough guy... in your mind it obviously does... and that's a true indication of your delusional state... facts mean nothing to people who think (?) like you...

i'm merely pointing that out...

Mike Hense - Searching For Rule Of Law

You are a really bad troll. As the saying goes, "Don't give up the day job." According to other accounts not presented here, the "pusher" was, in fact, agitated and causing some minor problems with others in the station and the older victim, in his decency, was talking to him in an attempt to help better deal with the world around him. For that, he died and now people like yourself diminish his existence by supporting his killer.

Awesome job Tyler!! We should be able to voice our opinions without being called names. It's childish that some needed to be reminded of that.

Mindie, BTW, I commented to you in #1 post. Also in this case, it won't be murder because there was never premeditation. You would have to prove that he was for sure going to push someone onto the tracks that day, extremely difficult.

Ryan:

Murder plain and simple is never plain and simple, especially when the testimony you convict someone by is from a media report.

This case may look cut and dried--and maybe it is--but can we at least afford the accused his rights under the law, no matter how onerous that may seem to us?

And thank you Tyler, for injecting civility.

Second degree murder is a murder that is not premeditated or planned in advance.

Vs.

Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.

Seems this is one of those " you gonna believe me or your lying eyes". Call it what you will, the man is dead, NO ustification will suffice, and yes I dare to judge.

you forgot, involuntary manslaughter. I think what mike was trying to say is that WE DON'T REALLY KNOW, yet are so sure we do.

What kind of honor is there in reporting a person ?

Here ya go george....could be, but if he really did stand and watch the guy struggle to get back onto the platform, knowing the train was coming then walk away.....don't think that would be involuntary. But you're right, there's too many different accounts of what happened. I'm sure we'll find out later.

Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from his intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.

Of course he would say that since the victim is not around to defend himself.Typical

Guys who say this is murder, that is your subjective personal view. But according to law, this will go down as nothing more then Involuntary Manslaughter. I was going to go with voluntary at first but it doesnt fit. A man coming home and seeing another guy in bed with his wife, and he decides to choke the guy to death or picks up a pair of scissors and jams them into the guys heart. That would be Voluntary. When a person is being provoked or attacked, and you push that person away with no intent to do any harm, and the person dies as a result ( example someone pushes you, then you push them back, in doing so that person trips and heads their head on the ground and dies. ) If Davis just pushes this guy away from him, and the guy falls on the tracks, then this is involuntary. Davis did mean to do it BUT if davis was being pushed and he knowingly knows how close the edge of the walk way is, knowingly keeps pushing the other guy until he falls on the tracks, then it is now voluntary.

Now the article also said that davis calmly put on his coat, picked up his drink and walked away with no remorse. The prosecution may try to use this on him but there is no law saying we have to have feeling or compassion for our fellow americans. You cant judge a person by how much they regard the life of another person. Maybe davis has seen many deaths in his life and this death didnt phase him one bit.

Now with all that I said, I am not defending DAVIS actions at all. I am appauled by what he did and then lacked to do afterwards. I dont know all the facts, neither do most of us on here. Every one is just basing their decisions off of assumptions. The point of my post was to show that the people on here saying Murder, Murder , Murder !!! need to get their minds straight and see that this does not qualify as murder. Thats all I am saying.

Gabbo, it's not so much what I think they can or will charge them with. I'm saying as a human being he murdered that man. People get off all the time in court that doesn't mean they didn't do what they were accused of. It just means sometimes our systems is screwed up. End of day he murdered Han

?

the man was pissed off and made a stupid decision to push the man onto the tracks, man died and hes goin to do time for his actions...there is no he did this or he did that to this situation, it was wrong doing when he knew he was pushing the man onto the tracks...manslaughter, he wont do life but i put money on it this guy gets atleast 15 yrs

Gabbo I had to go back to the first post just to read what it was we were discussing :) I responded up there.

George...Why would you try to defend Mike? And where is the honor in tolerating a bully that name calls and has nothing else to say....

Mike Hense - Searching For Rule Of Law, Davis shaved his head right after murdering this man. So you see, he knew what he did was wrong because he purposefully changed his appearance so he would not be recognized.

Just a one day suspension? Hense's IP should be blocked until he gets back on his meds, he may very well be the next subway pusher otherwise...must be the reason he's defending this murdering piece of garbage.

Simple- eyewitnesses says Davis was harassing people and started with the victim. Davis is 30, the victim was near 60. Davis is bigger, and he ran after he pushed the man onto the tracks to watch him die. This is a no-brainer.

Mindie, responded to #1. My point on the law is that the suspect killed Han, but didn't murder him. Yeah, I know, it's semantics. Someone still dies.

You really think you would have walked away if you pushed the guy, watched him dying, then just walked away without helping?

Apples and oranges...

when his actions causes the death of someone, regardless if they are drunk or sober and you do nothing to save their lives and your actions put them in harms way..DIRECTLY, then yeah...its murder.

It's quite another story if the push causes a death...I'm pretty sure if you had pushed the guy into the path of something that then killed him, you would be condemned.

RwEvans - "then yeah ...its murder"

Not so, maybe "then yeah ... its manslaughter", but I have not seen the whole video or heard all the witness statements, so can't speak directly to it. Could end up as less or more, time will tell.

Murder is the unlawful act of killing a person, with malice aforethought, of another human

Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind; or the circumstances under which the killing occurred (mitigating factors).

when his actions causes the death of someone, regardless if they are drunk or sober and you do nothing to save their lives and your actions put them in harms way..DIRECTLY, then yeah...its murder.

What KDFman said. It's actually NOT murder, it's manslaughter.

Based on what we know at this time, I feel sorry for both men, especially if it turns out that Han had alcohol in his system (thereby supporting Davis' defense that Han was drunk and belligerent towards him).

intent relates to the fact that when the person was pushed why that certain direction? when there are other options besides the tracks? and then to sit there and watch that person, sitting in harms way, knowing full well your actions have caused that person to be in harms ways and not to seek aide to get them out of harms way and only stand and watch ...WATCH as if to make sure they have died and then collect your belongings and walk away as if nothing had ever happened...Not go the the nearest police officer and tell what happened, as you witnessed them and were involved in them..as for the idea of Putting myself in the pushers shoes, i use to work in downtown memphis and the beggers and homeless are all over the main street area, where there is plenty of cars and the trolley line and I have been bugged, annoyed and even threatened by a handful of the beggers and homeless and nothing would make me act in such a way to put their lives in harms way..sorry i have a little more respect for human life than to cold heartedly cause the death of another human being.

just curious, if someone was attacking you and you shoved them to get them away from you, and they fall and hit their head and die.

ARE YOU A MURDERER?

because that's basically what happened here.

now, the fact that he watched the man trying to escape the train and did nothing, is an entirely different thing.

of course, so did so many other people - who did exactly as davis did - NOTHING.

are they all murderers?

let's just get clear on this, because everyones convinced it's black and white.

dont get me wrong, I think davis is a sociopath - you sorta have to be to push someone (unintentionally) on train tracks and not give a crap about the outcome.

but then, you have to be a sociopath to watch all this unfold and do nothing...and then take photo's with your cell phone of the dead man.

shouldnt EVERYONE on that platform be arrested for watching this man die?

Maybe it's just me, but if someone was intentionally pushed on the tracks, and the pusher was still there, I might be a little hesitant to come between the pusher and the tracks.

I'm sure that makes me selfish and thoughtless, but not a sociopath.

Oh, and a coward. I'll admit I'm probably a coward.

So if one of your buddies or family members get a little drunk and irritates another person, it would be ok for that person to be pushed in front of a train or car to be killed and then just walk away like it was nothing. What kind of world do we live in? I am just 10 years old and know that is so wrong.

As much as people say "i would do this" or "I would do that", when something really happens, most people freeze up. At fifteen, I saw a woman being robbed by two guys in the nyc subway. I froze, I was in total disbelief of what i was seeing. It took me a full minute to run for help and get the cops. They did grab the guys. But for that minute i was paralyzed, not with fear, just disbelief. but there i go getting all factual again, sorry.

This guy knew it was wrong and went about denying it and trying to hike his appearance. Defending yourself is one thing but to push a person into harms way is something else. Lets see what all the other witnesses have to say.

@Johansen, if you're really 10 years old, congratulations on being more perceptive than most of the adults on this thread. Quite an accomplishment for 10!

i agree with what Steppenwolf...thought of the pusher...

I hope I never meet you on the street-Don't condemn someone who pushes an old man to his death on a train track? What should we do?Give him an award? Don't care if it was murder or manslaughter-just hope this sociopath does a lot of time..

When ones actions is directly responsible for the death of another and they have no remorse and take no responsibility and blame the other person for their own death, waits and watches as that person dies and walks away unshaken by the fact that their action took the life of a fellow human being...this isn't a black boogie man ...this is a souless human being that has no regard for human life...PERIOD!

Mike here has the right idea, like it or not. IMO everyone spouting off -- without knowing all the facts -- should take their indignation over to the Hamid Karzai hatefest until we know the whole story.

Mike- regardless of what you think or what the law says the pusher himself believed he was guilty of a crime, assuming that it is true that he did not stay around until the police arrived and give a statement, he left-he did not turn himself in-he had to be "caught", that is evidence of a guilty mind at the very least. If he was defending himself and the death was unintentional he should have stayed around, if he was freaked out or afraid the police would shoot him on the spot he should have turned himself in to the DA's office. Running away may not be evidence of guilt but it sure isn't evidence of innocence.

What would Mike be saying if the dead man was black and the pusher was white?

Mike one of your comments hit the nail on the head.

If I did walk a mile in the pushers shoes I would be a mile away and have his shoes

Mike by the way you must have been there since you say nobody else knows what they are talking about and you do.

Mike, do you think perhaps there's a reason you keep getting your comments collapsed? You annoy everybody. That's why it says "comment collapsed by the community"!

Davis KNEW he was guilty of a crime, as evidenced by his attempt to change his appearance by shaving his head. Why was he even down there if not to take the subway? After the death he walked away back onto the street. The only "mitigating factor" here is his mental instability. And a sociopathic personality. Han wasn't just shoved or pushed, he was "flung" onto the tracks according to witnesses. He knew what he was doing, stuck around to see the end result, then calmly walked away. As Yoda might say, "Human garbage he is."

I don't care whats on the video he could have easily picked up his coffee and walked away before it even got to that point. It is what I call self discipline and intellegence. Apparently he had neither.

To Mike:..of course...if someone black commits a crime and people are outraged, they are racists...look in the mirror buddy-we project what we have in our hearts onto others..you see racists everywhere only when YOU are the racist..

Excellent observation, Mary. It's sort of a self-fulling prophesy when people go looking for 'racists.' They'll find them everywhere they look.

old dog: Please don't pretend to talk for "EVERYONE". You sure aren't talking for me.

I still believe in free speech. AND listening to both sides.

If he is not convicted on murder charges...

if it's true that Han was badgering Davis, then it's likely not murder and is manslaughter. Davis will still go to jail for this (as he should) but not for as long (as he should).

I wonder how differently this would have been if Mr Davis were a white man, accosted by a drunk black man, and pulled his gun and STOOD HIS GROUND because he felt threatened.

I suspect every white person commenting here would be singing a different tune.

just what my gut says...

instead, this guy shoves him and results in landing on the train tracks.

up until that point, it was all self defense.

now, I agree it takes a souless person to just watch and then walk away.

but thats what EVERYONE ELSE ON THE PLATFORM did as well.

so, why is only this guy getting arrested?

I suspect every white person commenting here would be singing a different tune.

That's a broad statement and an untrue one at that. I would be saying the same thing. Davis, whether white, black, asian, hispanic, or whatever, should not have pushed Han into the path of an oncoming train.

now, I agree it takes a souless person to just watch and then walk away.

but thats what EVERYONE ELSE ON THE PLATFORM did as well.

Again, a broad untrue statement. Not everyone else walked away. Many stayed that's how there are eyewitness accounts.

so, why is only this guy getting arrested?

I semi agree with this. People who stood by and didn't try to help this guy should get in some sort of trouble; primarily the guy taking the photos. They won't though, but it will forever haunt them that they could have saved this man's life instead they stood and watched.

here's a crazy idea, maybe the trains should slow down before they enter the platform area? nahhhhhhh

If you had ever been on the nyc trains, you would understand my point.

The CTA in Chicago flies into the platforms too, many a customer has been thrown to the ground in the cars when the operator locks up the breaks beccause s/he is going way too fast.

We just don't have pushers here, some jumpers trying to off themselves, and we have plenty of thugs that jusmp epoepl on the trains and the platforms- only a matter of time before someone ends up on the tracks.

No, no.... The pusher was the victim. Just ask Mike Hense.

Nor did the photographer who had time to snap those many grim photos... one of which the NY POST splashed across its front page yesterday...

but all they see is the pusher... the monster...

they can't help themselves...

Correct Scooter, at least he didn't pull out his iphone and post the pictures on his facebook page.

I am not surprised that no one offered to help the man get off of the tracks I have met enough people from the NE to know that most of them only care about #1. A large city like New York brings out the worst in people.

How many did you actually meet? Because that is a gross overgeneralization of the people that live in the Northeast. And I actually take offense to it. I'm from the North east originally and I've been to NYC quite a bit. I'll tell you anyone I know from the northeast is willing to help others and I've never had a single issue in NYC outside of cabbies lol! Don't discriminate against all people from a region because you've met a few bad eggs.

Go to good Old Pennsylvania and your opinion of Northeast people should change :)

Oh yeah, and the defense attorney is a totally unbiased observer of facts.

Speaking of blinders, Mike.....

@ Letusreason: biased or unbiased... the key word you used there is FACTS... you and those who agree with you have come to judgement without any... you'll see... the murder charges will eventually be downgraded as the FACTS become apparent...

expecting people like you to undersdtand that is an exercise in futility...

@Mike679whatever: execute him soon... that'll make the subway safer indeed... i shall create a new category of idiot for people with your reasoning abilities...

@busisanidiotwhatever: all i'm saying is that you're all rushing to judgment before the facts are in... seems like bush isn't the only idiot in this lot...

He should have picked up his coffee and paper and just walked away and this would have never happened. End of story MIKE HENSE. SELF CONTROL!!!

Hense, get on your meds, get a job. Just get away from the computer and your trolling.

Mike Hense definitely sounds like some defense lawyer all right. I wouldn't be surprised if the defense team is combing through comments on major news websites to get an idea of public opinion on this case. The problem with the legal system in general is, the idea of setting up two opposing legal teams, both of whom ultimately want to win a case *at any cost*, rather than try to work together to find the truth. It's a game where truth can get very distorted or obscured in whole or part, in the process.

Would it have been better if he'd pulled out a gun and stood his ground?

the real tragedy here is the loss to the family of the dead man...

the other tragedy is the loss of the minds of those mindless masses who were probably out there shopping on Thanksgiving (couldn't wait for Black Friday) evening, and how they're also now feeding into another irresponsible media upchuck...

i hope all of you are at one time in your pitiful existences placed in a position where a drunk person accosts you on a platform and you have to defend yourself... i'll be listening to hear how well you'll be singing "I Love New York" then...

Oh so you must of been there to witness the pusher being accosted and simply defending himself. Or is this just speculation on your part?

When you pull out your camera & phone to take pictures & video of the crime as it's happening and the aftermath, that's really not minding your own business.

Excellent point! I suggested something similar yesterday. In discussions with coworkers, the general consensus is that the cost to dig a pit the length of the platform for Every stop, isn't worth the cost on how rare these accidents are.

With 20/20 hindsight, you would think it a no brainer to dig the rail channel a few feet deeper along the platform side, or undercut it as a shelf as you suggest.

When you add up the number of riders through out a subway system and compare to the number of such accidents, the bean-counters just decide it is not worth it.

Still and all, your shelf idea is a good one and should be incorporated in any train station remodeling.

yes... they can also require that trains slow down before they reach the stations instead of having em come barreling in at a speed that prevents em from stopping in cases such as this one...

Or, install sensors at platforms that sends an alert to oncoming trains that there is a person (or large object) on the tracks. That seems cheap enough to retrofit into existing platforms.

Actually WinWin, if you are very lucky and have time enough to react you can lay down in the middle of the tracks and stay as still as you can and the train should pass over you or you can crawl to the space just underneath the platform and remain there. Both scenarios are very dangerous and claustrophobic but at least you should survive with a few scratches and bruises and pretty shook up and a shot of Brandy will fix that.

@Jim Burril: a sensible, rational, viewpoint... your sir are amongst a dwindling minority... a person with a working brain...

yes... manslaughter, depraved indifference, something like that... maybe much less as the facts come to the surface... maybe more... but after the facts are discerned...

it scares me that most of these people who's rants i've been listening to here are given the right to vote, to possess firearms, to move about freely... and to have free speech...

Excellent Jim, a series of unfortunate events that led to the death of Han, in no did Davis intentionally kill him. Manslaughter 5-15 years not Murder.

Oh yeah Mike. Free speech for folks that don't agree with you. How disgusting is that?

They must have the right to vote Obummer is the socialist communist President.

Of course, HarleMan, the "experts and racists" will tell you that they would have felt the same way but you and I both know their comments would have been different.

He was drunk.

Cappy, he could have done that or actually fit in the small space between the platform and the tracks, but I'm sure being drunk or in a state of panic leads people to not think/react as quickly as they normally might.

@Cappy-1911, have you ever tried to outrun a train? If so, did it work?

We are talking about a train that was coming in for a stop, right? Not to mention, dont they slow down when they come through the terminal? Dont they also have headlights and would be able to see him if he were running in the tunnel trying to avoid being hit? Im not stupid, OldDog47. Something would have been better than clutching the side of the wall, watching the train get closer.

Those NYC trains come barreling into the stations at a very fast clip. They don't start to slow down til the lead car in front is more than halfway to the next wall. They're loooong subways. If Han was closer to the incoming tunnel than the outgoing end, he had no chance to outrun the train. And he was intoxicated, so the odds were already against him.

I believe that this guy could easily subdue and overtake this older person that could be his own father's age an d then call the cops. There is no reason to push an elderly one and then not even help him if it was not intentional ?? no sense, he's guilty of murder to my humble opinion.

Exactly, if a drunk grabs or pushes on me I'm clocking him and most of you out there are lying if you are saying otherwise, especially on a dangerous train platform where accidents and death can happen. To those who are acting like Davis did something out of the ordinary (in New York too) you are crazy.

i agree where is the first part of the tape are they trying to start a riot by not showing the whole thing . There is hearsay but I would like to see the begining of the tape

If the victim did grab him, he was entitled to shove him, or to strike him, but not to push him off the platform. If that was the unintended consequence, then the charge should be involuntary manslaughter, and I'd still throw the book at him.

If the video shows intent, it should be murder one.