The Q train (Wikimedia Commons)

Five years ago, an image of a man fallen onto the subway tracks, taken seconds before he died, was splashed on the cover of the New York Post.

Yesterday, his killer was acquitted of murder charges by a jury.

Naeem Davis, a 34-year-old man who was homeless at the time of the incident, shoved the victim, 58-year-old Ki Suck Han, into the path of the oncoming Q train that crushed him.

Assistant DA Charles Whitt said that, afterward, Davis simply grabbed his coffee cup and left the station for work, the Post reported.


Davis successfully argued that he pushed the man in self-defense after Han, who was allegedly intoxicated, stumbled after him and threatened to kill him.

Han, barely more than 5 feet tall and weighing just over 120 pounds, was flung onto the tracks in what prosecutors claimed was an aggressive act committed by Davis during the scuffle.

Davis, who faced life in prison and was held in custody awaiting trial, will now be released.

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