The case of Naeem Davis at first glance, seems fairly open and shut.  One man pushes another man on to the train tracks, he dies, man goes to jail.  However, in this case, there is video evidence and photos that point to a confrontation between the two men.  Ki Suk Han and Davis were clearly arguing; Han not giving any ground even as Davis warned him away.  According to reports, Han had an empty vodka pint on him.  Officials are waiting for toxicology reports to see if he was legally drunk.  Stephen Pokart, Davis’ defense attorney said, “It’s not great to be drunk and angry on the subway platform.  If, in fact, he was drunk and angry, and still drinking from that vodka bottle, and according to what the reporter tells me Mr. Davis told the press earlier on, Mr. Davis was defending himself. There very well may be two sides to the story.”  According to Han’s wife, the two had an argument ninety minutes prior to the incident.  Davis has claimed, “He attacked me first. He grabbed me.”  The evidence doesn’t dispute that claim.  In fact, Davis is standing back during much of the argument.  It appears he does not want the confrontation to which Han is subjecting him.  Davis has a reasonable argument that he was defending himself, by pushing Han away, not intending to shove him on to the tracks but using reasonable force to defend himself.  If in fact Han had an elevated blood alcohol level, perhaps he lost his balance when Davis pushed him.   It also might be the reason that despite having enough time, Han was unable to pull himself off the tracks to avoid the oncoming train.  It would not be surprising to see the charges against Davis reduced or dropped altogether, pending the toxicology report.