BREAKING NEWS Man charged in death of Eagle Point toddler Full Story

Prosecutors Clear Oregon FedEx Driver After Deadly Punch

Prosecutors say a FedEx driver was justified in punching a Portland, Oregon, man after he yelled racial slurs and tried to hit the driver first.

Posted: Nov 21, 2018 12:30 PM

PORTLAND, Ore. (AP) — Prosecutors say a FedEx driver was justified in punching a Portland, Oregon, man after he yelled racial slurs and tried to hit the driver first.

Joseph Magnuson died following the September encounter with driver Timothy Warren, The Oregonian/OregonLive reported .

The Multnomah County District Attorney's Office announced Monday that there's no indication Warren intended to kill Magnuson.

A county medical examiner determined Magnuson was in "extremely poor health" prior to the encounter, and his fall after the punch to the head aggravated pre-existing conditions.

Witnesses told authorities Magnuson was yelling "very aggressively" for Warren to slow down, Senior Deputy District Attorney Adam Gibbs wrote in the memo. Warren stopped the truck and tried speaking to Magnuson.

If Warren kept driving, Magnuson might still be alive, but "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," Gibbs wrote.

Both men started yelling at each other, and Magnuson threw a drink at Warren. Warren hit Magnuson once after he threw a punch, according to the memo. Magnuson dropped to the ground unconscious.

"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."

Article Comments

Medford
Clear
82° wxIcon
Hi: 90° Lo: 57°
Feels Like: 82°
Brookings
Clear
66° wxIcon
Hi: 84° Lo: 55°
Feels Like: 66°
Crater Lake
Clear
75° wxIcon
Hi: 81° Lo: 50°
Feels Like: 75°
Grants Pass
Clear
79° wxIcon
Hi: 87° Lo: 59°
Feels Like: 79°
Klamath Falls
Clear
75° wxIcon
Hi: 85° Lo: 46°
Feels Like: 75°
Sunny & Seasonal Weekend
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events

Latest Video

Image

Saturday, August 17 evening weather

Image

Saturday, August 17 morning weather

Image

Mt. Shasta Hiker Shares Experience

Image

Siskiyou Peaks Trail

Image

Mt Shasta Hiker Survives

Image

Friday, August 16th Evening Weather

Image

Golf Tip of the Week: Eagle Point Golf Club

Image

employees jump into rescue

Image

Friday, August 16 afternoon weather

Image

Food vendors serve Josephine County Fair for years