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PORTLAND, Oregon. – Prosecutors said that a FedEx driver had been right to hit a man from Portland, Oregon, after shouting racial slurs and attempting to hit the driver first. Joseph Magnuson died as a result of the September meeting with pilot Timothy Warren, reported The Oregonian / OregonLive.
The Multnomah County Prosecutor's Office announced Monday that there was no indication that Warren was planning to kill Magnuson.
A county medical examiner determined that Magnuson was "in very bad health" before the match and that his fall after the punch in the head aggravated his pre-existing conditions.
Witnesses told the authorities that Magnuson was shouting "very aggressively" for Warren to slow down, Deputy Attorney General Adam Gibbs said in a memorandum refusing prosecution. Three witnesses, however, said that Warren drove slowly – 20 miles per hour or less – on the narrow road through a playground, reports Oregon Live. Warren stopped the truck and tried to talk to Magnuson.
If Warren continued to drive, Magnuson might still be alive, but "Warren's decision, which is black, not to let the racist vitriol to which he was subjected unanswered has no legal significance. ", writes Gibbs.
The two men began shouting at each other, and Magnuson threw a drink at Warren. Warren hit Magnuson once after punching, according to the memo. Magnuson fell to the floor, unconscious.
"Oregon's law does not contain" pension obligation "and Mr. Warren had the right to get out of his vehicle and verbally challenged the manner in which Mr. Magnuson was addressing him." , says the memo. Mr. Magnuson was the initial verbal abuser, Mr. Warren responded in the same manner, Mr. Magnuson then escalated and became the initial physical aggressor, Mr. Warren again responded in this manner. . "
Magnuson's toxicological results were not immediately available, reports Oregon Live, but Gibbs wrote that the results "are not significant for legal analysis".
Magnuson's toxicological results were not available Monday, Gibbs said, but the results "are not significant for legal analysis".
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