A racist man who was throwing racial slurs and punches at a FedEx Driver died in one punch after getting punched back.

Timothy Warren was driving his truck in Portland Oregon on a late night. A white man told him he was driving his truck too fast. Exhausted, Warren stopped his truck to explain to the man that he just wanted to get done with his work.

The incident happened in September 2018.

The man wouldn’t stop harassing Warren; he started throwing a unceasing amount of racial slurs at him. That’s when Warren, a black man, couldn’t take the insults anymore. He stepped out his truck again and both men started screaming at each other.

The white man, Joseph Magnuson started throwing punches at Warren. Warren swung back and connected with a single blow above Magnuson’s left eye. Magnuson fell to the floor lost consciousness and died.

Prosecutors have now in November 2018 decided that Timothy Warren will not be charged with any crime. Investigators say that Warren did not intend to kill Magnuson, and acted in self defense when Magnuson started throwing punches on the night of September 26th 2018.

A medical examiner concluded that Magnuson’s death was triggered by “extremely poor health,” and that the punch itself wasn’t fatal, but was a combination between Magnuson’s health and the punch, according to Senior Deputy District Attorney Adam Gibbs.

Prosecutors also say that Warren getting out of the truck to confront Magnuson, after he threw a number of racial slurs at him, instead of ignoring him, was not legally significant.

Prosecutors and investigators pieced together the events of that night from 6 different eye witnesses. 3 of the eye witnesses were there for the entire encounter. Every single eye witness reported that they saw Timothy Warren driving at a very acceptable speed, and nothing different from the usual. They also all gave accounts that Magnuson is the one who started the incident, and escalated the incident as well. All 3 of the 6 eye witnesses who saw the entire encounter said that Magnuson threw a drink at Warren before throwing punches.

Senior Deputy District Attorney Adam Gibbs said,

“They report that Mr. Magnuson then ‘very aggressively’ began yelling at Mr. Warren to slow down. Mr. Warren stopped his truck while Mr. Magnuson continued to berate him. The witnesses agree that Mr. Magnuson called Mr. Warren a ‘f*cking N****R’ in combination with other aggressive and abusive phrases ‘over and over again.”

One of the witnesses, a friend of Magnuson identified only as “Mr Bayle”, said that if Warren had kept driving and ignored the slurs, none of this would’ve happened. Adam Gibbs agreed, but said:

“However, 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 . . . Mr. Warren was within his right to exit his vehicle and verbally challenge the manner in which Mr. Magnuson was addressing him.”

Adam Gibbs said Oregan Law doesn’t carry a “duty to retreat” provision that would’ve made Warren responsible for “removing himself from danger.”

It’s currently unclear if Warren still works for FedEx.

FedEx released a statement saying it-

“- fully cooperated with law enforcement during the investigation of this unfortunate incident. We extend our condolences to all those affected.”

Updated: February 4, 2020 — 11:29 am

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