Subway Accident & Death in New York City: Suspect Says Victim 'Grabbed' Him First

Naeem Davis, 30, was charged with second-degree murder for the death of 58-year-old Ki-Suck Han.

Police say Davis pushed Han in front of an oncoming subway train at the 49th Street station.

"He attacked me first," Davis said. He grabbed me."

Davis told reporters that he did not mean to kill Han.

Prosecutor James Lin said Davis saw the train hit Han before leaving the station.

"The defendant never once offered any aid to the victim as the train approached the platform and in fact, this defendant watched the train hit the victim," Lin said.

"I heard, 'Naeem he's coming again. He's coming again. You got to do something'," Davis told the Post. "I kept hearing voices like that. I was under the influence [of marijuana]. It wasn't my intention to kill him. I just wanted him to get away from me."

On Tuesday, Dec. 4, the New York Post published a picture taken by a freelance photographer that left many people outraged.

The picture was of Han on the tracks of the subway station in front of an oncoming Q train. Han can be seen holding onto the platform and ultimately the train crushed the man and the man later died at a hospital.

"Pushed on the subway track, this man is about to die," the caption read. "Doomed" was at the bottom of the page in big bold letters.

John Kaplan, professor of photojournalism at the University of Florida and Pulitzer Prize winner for feature photography, told Gawker that the public has to give the photographer the benefit of the doubt.

"The blame in this controversy lies directly with the New York Post for publishing such a callous, crude and truly tasteless headline while at the same time wrongly splashing the tragedy on the front page," Kaplan said.

David told the Post that he has been praying every hour and that he failed the test that God presented him with.