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Prosecutors: Black FedEx Driver Justified in Fatally Punching Man Who Yelled Racial Slurs

Timothy Warren won't be charged with a crime.

REUTERS

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?

The Conversation (11)
27 Nov, 2018

YES I AGREE...... Trump is to blame for this behavior that continues to increase in Our Country.

Mary Ramsay26 Nov, 2018

Yes, I agree with the prosecutors. This is 2018, not 1818.

Everyone is due common respect and covility

Quentin Hollis26 Nov, 2018

It is sad it had to come to that. But I think justice was served.

Tracy Brooks27 Nov, 2018

No love lost here, glad FedEx man was cleared of any possibility of facing normal American justice, also glad that there is one less racist ass-hole in the world to worry about shooting up a mall park or movie theater.

27 Nov, 2018

Why Are Black people expected to retreat , ignore and take the high road , especially when someone is in your face

26 Nov, 2018

I agree with the outcome; however, imagine if Mr. Warren had just IGNORED the ranting of Mr. Maguson by continuing to do his job and leaving the neighborhood. Mr. Magnuson would be alive today to be a nuisance to someone else. People who are too ignorant to respect themselves should be ignored if there are no signs of physical harm to anyone. Mr. Warren encountering Mr. Magnuson added fuel to Mr. Magnuson's ignorance which lead to his demise.

votetocorrect27 Nov, 2018

This is the way the law should work!

Rhondayes27 Nov, 2018

Yes. 100% and without equivocation.

California Rapper Shot to Death By Six Police Officers

Willie McCoy was asleep when police surrounded and startled him at a restaurant drive-through. They fired at him within four seconds. More than 20 bullets hit him.

Twitter

Falling asleep at a Taco Bell drive-through was deadly for a Black rapper in Vallejo, Calif.

Willie Bo McCoy, 20, was not awake when police approached him. At first, police thought about trying to remove the gun in his lap, but when Willie woke up, and police instructed him to put his hands up he put them down instead.

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Governor Northam- Virginia

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The perpetrators have yet to be identified but police are collecting information about individuals that were in the area at the time of the attack.

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Chicago police said an envelope with white powder and a threatening letter with magazine cut outs pasted on paper was received at Cinespace Studios, where Empire is filmed, on January 22.

HAZMAT responded, but the white substance turned out to be aspirin.

Police have released photos of two individuals wanted for questioning.

Video of Smollett walking into a hotel after the attack with a noose around his neck, along with the noose and his sweater have also been acquired to help try to identify more clues to find the attackers.

Smollett said he was on the phone with his manager when the attack happened.

Smollett family's statement said this was a "violent and unprovoked attack," and "a racial and homophobic hate crime."

A witness, who requested anonymity, described a "creepy" white man outside the building with a clothesline hanging from his pants, staring at another man near another entrance about 300 hundred feet away.

She told TMZ, "He looked out of place." He had scruff on his face, wearing a blue winter beanie, a blue zip-up sweatshirt with a hood and blue jeans that were too short. He had "thick, grey hunting socks" with camel-colored dress shoes.

She talked to detectives when she found out there was an attack.

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