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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."

Oregon Coronavirus Cases

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Cases: 193732

Reported Deaths: 2572
CountyCasesDeaths
Multnomah38352591
Washington25592233
Marion22026306
Clackamas17440214
Lane13007148
Jackson10862139
Deschutes896274
Umatilla820284
Linn492969
Yamhill446376
Klamath441164
Polk375752
Malheur351863
Josephine334570
Douglas327271
Benton310019
Jefferson219837
Coos206633
Columbia174427
Union144823
Lincoln137921
Wasco137728
Hood River118730
Crook111322
Morrow110716
Clatsop9858
Baker95414
Tillamook6493
Curry6469
Grant5095
Lake4517
Harney3448
Wallowa1845
Gilliam631
Sherman581
Wheeler321
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California Coronavirus Cases

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Cases: 3764405

Reported Deaths: 62573
CountyCasesDeaths
Los Angeles123645624067
Riverside2994554594
San Bernardino2967824715
San Diego2785913729
Orange2709835026
Santa Clara1190642096
Kern1091771374
Sacramento1048401686
Fresno1018381688
Alameda879401657
Ventura810011013
San Joaquin732201391
Contra Costa68741805
Stanislaus621421061
Tulare49654839
Monterey43613383
San Mateo42038568
San Francisco36720544
Santa Barbara34337456
Solano32953252
Merced31898460
Sonoma30035320
Imperial28443726
Kings22989246
Placer22679292
San Luis Obispo21308260
Madera16462242
Santa Cruz16264207
Marin14056227
Yolo13910210
Shasta12152226
Butte12026199
El Dorado10168112
Napa987082
Sutter9433112
Yuba626847
San Benito606563
Lassen570624
Tehama557262
Nevada474275
Tuolumne413166
Mendocino410149
Humboldt404641
Amador365847
Lake347643
Glenn239125
Colusa223416
Siskiyou223424
Calaveras212954
Inyo142838
Del Norte13938
Mono12844
Plumas7106
Modoc4994
Mariposa4487
Trinity4005
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