Alleged NYC subway pusher uses ‘Timberlands defense’

Naeem Davis stands in front of Judge Lynn Kotler during his arraignment on murder charges Wednesday, Dec. 5, 2012, in New York. Davis was arrested Tuesday in the death of 58-year-old New York city subway rider Ki-Suck Han, who was shoved onto the tracks. (AP Photo/New York Post, William C. Lopez, Pool)

Naeem Davis stands in front of Judge Lynn Kotler during his arraignment on murder charges Wednesday, Dec. 5, 2012, in New York. Davis was arrested Tuesday in the death of 58-year-old New York city subway rider Ki-Suck Han, who was shoved onto the tracks. (AP Photo/New York Post, William C. Lopez, Pool)

Naeem Davis, 30, pleaded not guilty on Tuesday to second degree murder and first degree manslaughter for the death of Ki-Suk-Han. The former deli worker is charged with allegedly pushing Han off the subway platform to his death.

One of his reasons for pushing 58-year-old Han? He claims he was upset over his trashed Timberland shoes.

New court documents that were filed on Tuesday reveal that Davis “lost his cool” because an acquaintance threw out his beloved Timberland boots two days prior to the incident according to the New York Daily News.

“[His] head wasn’t where it was supposed to be that day,” the court papers say.

Davis’ attorney, Stephen Pokart, who spoke to reporters outside the courtroom, said witnesses suggest Han initiated the confrontation.

The former deli worker was sent downtown to restock merchandise for the Times Square clothing street vendor he worked for. It wasn’t until he reached the 49th street N,Q,R station where he became embroiled in a heated argument with Han after they bumped into each other while entering the subway turnstile.

Han reportedly screamed, “I’m going to kill you!” and appeared to have a “knife or a glass bottle or something” in his coat pocket, according to the statement. Davis also told police that Han had been “staggering” and had “slurring” his words.

Han then reportedly proceeded to follow Davis down the platform and tried to grab him which was when Davis admitted to pushing him down the tracks.

“Clearly Mr. Han initiated the contact, went after our client,” attorney Pokart said. “What was Mr. Han doing and why was he going up to my client who appears to have not been bothering anybody?” The defense is arguing that Davis did not intend to kill Han and was only acting in self-defense.

“Yes, for the sake of argument, I could have walked away,” Davis told cops the day after he was arrested. “But it was just bad timing. He came at the wrong time.”

However, prosecutors contend that Davis showed no remorse for the victim after pushing him to his death.

“This defendant watched the train hit the victim,” prosecutors claim, “And according to witnesses, he then calmly put his coat back on, picked up his cup of coffee and left the station, seemingly indifferent to the welfare or fate of the victim.”

Davis’ next court date is scheduled for January 25th.

Follow Brittany Tom on Twitter @brittanyrtom