A FedEx driver will not face charges after he was found legally justified for punching a man in Northeast Portland, who later died.
According to witnesses, Joseph Magnuson approached the Black FedEx driver, Timothy Warren, hurled a slew of racial slurs at him before trying to throw the first punch.
The Multnomah County District Attorney’s Office announced that there is no indication Timothy Warren intended to kill Joseph Magnuson when Warren’s punch connected above Magnuson’s left eye.
Oregon Live reports that county medical examiner later determined Magnuson was in “extremely poor health” beforehand and that his fall to the ground aggravated pre-existing medical conditions and led to his death.
Warren had attempted to make a turn, when Magnuson yelled at him to "slow down," before the situation escalated. Witnesses said Magnuson repeatedly called Warren the n-word and “other aggressive and abusive phrases.” Warren stopped his truck and attempted to speak with Magnuson, but he did not calm down
“The decision by Mr. Warren, who is black, to not let the racist vitriol to which he was being subjected go unanswered is not of legal significance,” wrote Senior Deputy District Attorney Adam Gibbs.
“Oregon law contains no ‘duty to retreat’ and Mr. Warren was within his right to exit his vehicle and verbally challenge the manner in which Mr. Magnuson was addressing him,... Mr. Magnuson was the initial verbal aggressor; Mr. Warren responded in kind. Mr. Magnuson then escalated and became the initial physical aggressor; Mr. Warren again responded in kind.”