Prosecutors: Black FedEx Driver Justified in Fatally Punching Man Who Yelled Racial Slurs
Timothy Warren won't be charged with a crime.
A Black FedEx driver, Timothy Warren, was justified in punching Joseph Magnuson after he called him a "f***ing ni**er" and tried to hit Warren first, according to prosecutors in Multnomah County, Oregon.
The Multnomah County District Attorney's Office announced last week that there's no indication Warren intended to kill Magnuson and he will not be charged with a crime, The Washington Post reported.
The encounter started when Magnuson yelled at Warren to slow down as he drove his truck through a Portland neighborhood. According to witnesses, Magnuson would not back down and continued to berate the driver prompting Warren to get out of his truck.
After Magnuson took a swing, Warren punched him square in the face knocking him unconscious. Magnuson died later that day.
The medical examiner concluded that Magnuson's poor health contributed to his death and not the punch an according to prosecutors, Warren, 41, has not been charged with a crime as he did not intend to kill Magnuson, 55, and acted in self-defense.
Senior Deputy District Attorney Adam Gibbs stated that witness agreed Magnuson "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***king ni**er' in combination with other aggressive and abusive phrases over and over again."
"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 ... a limited use of force was necessary to prevent injury to himself," Gibbs wrote in a memorandum, according to KGW8.
There is not a "duty to retreat" law in Oregon that would have required Warren to reasonably remove himself from danger.
"Mr. Magnuson's actions, as reported by all three witnesses and Mr. Warren, gave rise to a reasonable belief on Mr. Warren's part that a limited use of force was necessary to prevent injury to himself," Gibbs wrote.
Reader Question: Do you agree with the decision of the prosecutors?
"I am an intelligent Black woman that has made a seat at the table," Karla Ferguson told DiversityInc. "My influence matters and that scares those that have to resort to fear tactics."
During Miami Art Week, one of the city's busiest times of the year, a Black-owned art gallery in Little Haiti was vandalized with a spray-painted swastika and profanity.
Karla Ferguson, owner of Yeelen Gallery, realized on Saturday morning there was a hate symbol defacing the outside of the building.
"An officer was actually parked outside the building and I went up to his squad car and told him that he had to take a look," Ferguson told DiversityInc. "He was visibly concerned and sympathetic to what it represented.
"I was told by the officer that this was likely going to be seen as a hate crime as the words 'destroy,' 'f**k' and the swastika were visible."
Ferguson, who is also an attorney, is well known in the area for creating a space to celebrate artists of color that the traditional art world usually doesn't include. She said she has "taken the business to the next level," now known as the Yeelen Group.
"Yeelen promotes diversity we tell the stories of marginalized groups, we stand for women's empowerment, we tell the stories from an African Diaspora perspective, LGBTQ rights and civil rights in general are represented when it comes to our exhibition programming," explained Ferguson.
"For the hateful that don't feel that we all deserve to be treated with respect, that don't feel civil rights are to be upheld we could be seen as a threat. We are about valuing marginalized people and showing the worth and humanity of their contributions to society."
Karla Ferguson, CEO, Yeelen Group
This is the first time a symbol of hate and threats have been directed toward her business. As Miami Art Week brings people all over the country into the area, it could have been locals or an outside influence.
Ferguson, whose business headquarters has been in Little Haiti since 2013, chose the neighborhood that is an area of Caribbean immigrants and locally owned shops, before gentrification started to occur.
Her activism through art and consulting is "aimed at providing exhibition and economic opportunities for all artists and particularly those that ask the tough questions, those that challenge our thinking and question inequities."
As a Black woman and an activist, Ferguson said being confronted with hate during a time when it's on the rise across the country only "reinforces that what I do is important, that I am on the right path."
Last month, in Los Angeles, four swastikas were found painted across the face of a Crenshaw mural depicting Black women.
"I am an intelligent Black woman that has made a seat at the table," Ferguson said. "My influence matters and that scares those that have to resort to fear tactics. I am the immigrant, the American Dream and there are people in our society that would love nothing more than to roll back the hands of time to when those that looked like me were considered three-fifths a human by law."
The difficult part for Ferguson was explaining the symbol of hate to her young daughters.
"They were upset; it makes them feel unsafe," she said. "I had to explain to my youngest what a swastika is and what it stands for. I reminded her that there are people who believe that one type of person is superior to others and that such thinking is wrong and ignorant. I told them that their ancestors survived far worse to make their lives possible and that we will continue to fight oppression and hold our heads up high while we do it.
"They know that I'm a fighter and they also know that they are as well, so we fight, we will continue to thrive, we Boss up."
"You guys should all go to court because you're trained liars," a woman said to three friends shopping for hats.
Three Black women were shopping at a Target store in Nashville, Tenn., when an angry woman verbally harassed them, saying the women "Don't belong here" and that they are "perfect for the court system."
A grand jury began hearing evidence in the case on Monday.
"On Tuesday Nov. 27, thousands of Mississippians will vote for a senator. We need someone who respects the lives of lynch victims," one sign said.
Instagram post of Gabbana describing China as a "country of s***" follows a racist promotional video. Store closings, product purges and "not me" protests outside stores going strong. Nice job, fellas.
Dolce & Gabbana is facing backlash from racist ads that promoted a Shanghai fashion show featuring the luxury brand's collection. And, racist comments posted on co-founder Stefano Gabbana's personal Instagram account have caused celebrities to withdraw support for the brand.
"A recent racist social media post aimed at our football coach is ignorant and despicable," Florida State President John Thrasher said in a statement about Tom Shand's racist post.
Florida State University football fan, Tom Shand, posted images on his social media depicting coach Willie Taggart getting lynched. That disturbing image prompted outrage among FSU fans and social media users alike on Sunday morning.
The Minnesota chapter of the Council on American-Islamic Relations said it was a "hate incident."
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"I prefer the whole freakin' nation to be white," the woman says.