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Timothy Warren was driving his FedEx truck in an area of Portland, Oregon, when a man shouted to Warren that he was going too fast.
Warren stopped his truck. He was exhausted, he tried to explain to Joseph Magnuson that evening in late September and just wanted to finish his work.
Magnuson was relentless and insulted and racially insulted him, according to a report.
Warren, who is black, got out of the truck and the two men screamed at each other.
Magnuson took a swing. Warren turned around, connecting a single shot over Magnuson's left eye that sent Magnuson to collapse to the ground, according to reported information.
Magnuson, 55, briefly lost consciousness and died later that evening.
Prosecutors decided not to accuse Warren of crime. He had not intended to kill Magnuson and had acted in self-defense during the September 26 incident, the Multnomah County Attorney's Office announced in a note released Monday.
Magnuson's death after the fall was precipitated by "an extremely bad health," concluded a medical examiner, and the punch itself was not fatal, wrote the Deputy Attorney General, Adam Gibbs.
Warren had the legal right to challenge Magnuson's "racist vitriol," Gibbs said, and stated that Warren's decision to confront Magnuson – rather than ignore – was not legally significant.
The Oregon law does not contain a "retirement duty" provision that would have required Warren to reasonably protect himself from danger, Gibbs wrote.
Prosecutors and police reconstructed the events using the testimony of six eyewitnesses, three of whom saw the entire incident. They all claimed that Warren had driven at an acceptable speed and that Magnuson had triggered the incident and then intensified it.
"The actions of Mr. Magnuson, as reported by the three witnesses and by Mr. Warren, gave rise to a reasonable belief on the part of Mr. Warren that a limited use of force was necessary to avoid to get hurt, "Gibbs wrote.
Magnuson was living in a van near the park where the deadly encounter occurred, the Attorney General's Brent Weisberg spokesman told the Washington Post.
Warren, whose age has not been published, could not be reached for comment.
The announcement made Monday by the prosecutor's office was the first public mention of Magnuson's death and the ensuing investigation, reported the Oregonian newspaper. it was difficult to understand why prosecutors had recently released information about the incident.
It is not known if Warren is still working for FedEx; the company refused to comment on its status.
The company, which said it cooperated fully during the investigation, offered "condolences to those concerned," FedEx Ground spokeswoman Nikki Mendicino said in a statement.
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(c) 2018, The Washington Post. Written by Alex Horton.
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