A FedEx driver was cleared after punching a Portland, Oregon man in September for attacking him with punches and racial slurs. The man later died.The Multnomah County District Attorney’s Office announced that they would not be pursuing charges against the Black driver Timothy Warren, The Oregonian/OregonLive reported. They concluded that Joseph Magnuson, the man who died, was in “extremely poor health” prior to the encounter, and his fall after the punch to the head aggravated pre-existing conditions.The incident began when Magnuson started yelling aggressively at Warren to slow down, though according to witnesses, Warren was only driving 20 miles per hour. He stopped his truck to address Magnuson. An argument ensued, and Magnuson threw a drink at Warren. Warren hit Magnuson once after he threw a punch, and Magnuson dropped to the ground unconscious.“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,” Senior Deputy District Attorney Adam Gibbs wrote in a memo declining prosecution. Magnuson was unrelenting and hurled insults and racist slurs at him, the report said.“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,” the memo said. “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.”Magnuson died later that evening.
