Philadelphia Criminal Law News

Homeless Man in NYC Subway Murder Had a Pennsylvania History

As passers-by noticed swarms of police in Times Square on Monday, they were only met with "you'll see it in the news" when asking the officers what was going on.

And in the news, it was. A man was pushed into the New York subway near Times Square on Monday, reports USA Today.

Now, the man accused of pushing 58-year old Ki-Suck Han is facing second degree murder charges for the death. And as it turns out, Naeem Davis doesn't only have a criminal history in New York. He also has a history of prior arrests in Pennsylvania on drug possession, writes USA Today.

But he claims that he pushed Han after Han attacked him, an account which is being disputed by manybbsp;as onlookers are reported to have "looked on" while Han attempted to claw himself out of the subway pit on Monday.

In fact, some even took photographs of the incident (although the most infamous photographer insists that he only flashed his camera to warn the train operator).

After this attack and horrific incident, people are asking whether anyone should have helped Han. Why did people just look on? Some people have even gone as far as to target (possibly unfairly) the photographer who snapped the shots, asking why he couldn't have helped Han climb up to safety.

But is it a crime not to come to the aid of someone in need? It's not a crime in New York and not in Pennsylvania.

As for Davis, it certainly looks like it is. He allegedly pushed Han on the tracks and then stayed to watch him get crushed to his death, says USA Today. In many ways, the fact of watching the death alone could vindicate the requisite intent needed to show that the death was not an accident.

As for the onlookers, while many are criticizing the lack of assistance rendered to Han, it's hard to say whether it would have been practicable for anyone to help without risking their own lives.

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