A man hurled racist slurs and a punch at a FedEx driver — then died after he was punched back
Timothy Warren was driving his FedEx truck through a verdant neighborhood in Portland, Ore., when the man he would soon kill screamed that Warren was going too fast.
Warren stopped his truck. He was exhausted, he tried to explain to Joseph Magnuson that day in late September, and just wanted to get done with his work.
Magnuson was unrelenting and hurled numerous aggressive insults and racist slurs at him.
That was something Warren, who is black, could not abide.
He stepped out of the truck, and both men yelled at each other.
Magnuson took a swing. Warren swung back, connecting a single blow above Magnuson’s left eye that sent him tumbling to the ground.
Magnuson, 55, briefly lost consciousness, then died later that evening.
Prosecutors, however, have decided not to charge Warren, 41, with a crime. He did not intend to kill Magnuson and acted in self-defense during the Sept. 26 incident, the Multnomah County District Attorney’s Office said in a memo released Monday.
Magnuson’s death from the fall was precipitated by “extremely poor health,” a medical examiner concluded, and the punch itself was not fatal, Senior Deputy District Attorney Adam Gibbs wrote.
Warren was within his legal right to challenge Magnuson’s “racist vitriol,” Gibbs noted, and said that Warren’s decision to confront Magnuson — rather than ignore him — was not legally significant.
Prosecutors and police pieced together the events using accounts from six eyewitnesses with different views of the fight; three of them observed the entire encounter. They all maintained that Warren had driven at an acceptable speed and that Magnuson started the incident and then escalated it.
“They report,” Gibbs wrote, “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***ing n****r’ in combination with other aggressive and abusive phrases ‘over and over again.’ ”
The three witnesses who saw the entire incident said Magnuson threw a drink before he threw the first punch.
Warren cooperated with police and gave statements consistent with eyewitness accounts, Gibbs wrote in his memo.
He could not be reached for comment.
Magnuson was living in a van near the park where the deadly encounter occurred, district attorney spokesman Brent Weisberg told The Washington Post.
A friend of Magnuson who lived with him, identified only as “Mr. Bayle,” told prosecutors that he did not see the altercation and only heard Magnuson yell at Warren to slow down. But he said he believed nothing would have occurred had Warren kept driving.
Gibbs agreed.
“However,” the prosecutor wrote, “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.”
Oregon law does not carry a “duty to retreat” provision that would have required Warren to reasonably remove himself from danger, Gibbs wrote.
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“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.
The announcement by the prosecutor’s office on Monday was the first public mention of Magnuson’s death and the ensuing investigation, the Oregonian reported; it was unclear why prosecutors had only recently released information about the incident.
It was the fourth homicide in Portland this year later determined the result of self-defense. The people defending themselves in three of those incidents, including Warren, were working when they were attacked, according to the Oregonian.
It’s unclear whether Warren still works for FedEx; a company spokeswoman declined to answer a question about his employment status.
The company said it “fully cooperated with law enforcement during the investigation of this unfortunate incident. We extend our condolences to all those affected,” FedEx Ground spokeswoman Nikki Mendicino said in a statement.
he lived in a van with a roommate, so basically warren did him a huge favor.
__________________ Your Lord knows very well what is in your heart. Your soul suffices this day as a reckoner against you. I need no witnesses. You do not listen to your soul, but listen instead to your anger and your rage.
Will be fun to see how the Lefty Posters in this thread react when Fedex fires the Black Man that worked for them. Probably by keeping their mouths shut cause... They are the TRUE RACIST!
__________________ Banned 30 days for the Crime of "ETC"... and when I "ETC" I do it HARD!!!
__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
LoL, that story again. Where you insisted that the guy attacked was a Trump supporter because he was mentally handicapped and it raised the question, 'while all Trumpers are retards, are all retards Trump supporters'?
__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
Lol never said him being retarded makes him a Trump supporter. Do better when discussing this awful racist attack.
__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
No, I didn't. Do better when it comes to whining about strawman cuz you're the King of Weasels when it comes to pulling that shit.
__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
It's very difficult for me to say anything about this situation that makes me appear as anything but cold and callused.
My opinion is that...I think that type of person is better off not in this world. They are a net-karmic negative on this tiny section of the cosmos. That add nothing, only take away, and only add net-negative karma to those around them. Their value as a living entity is not okay.
I have a hard time finding value in certain humans, sometimes. It makes me feel sad that I think these thoughts and I don't want to think them. Where's my forgiveness and love for these people? Am I supposed to develop forgiveness and love to these mean and angry people who are net-negative contributors to society? These questions would be so much easier if I was atheist.
Lol God doesn't love everybody so..why should you?
__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
First, the dude lives in a van with another dude
The dude cares about people approaching the speed limit to a point where he'd confront them about it. Who are you trying to fool? You don't have kids on that block, you don't have prospects
The dude throws out the n-word and then swings first. How are you going to get off the n-word and are still allowed to swing first? This guy was giving every chance in the world and he was just hit with death instead.
The dude is 55 in a van with a room mate, starting fights because a worker was driving "fast" down a street that he was able to stop.
I forgot where I was going with this. All I know is that people who whine about people driving too fast down streets, or bug delivery men are usually pretty scummy people. Especially when you live in a fukking van. Dude needed something to try and control, but he should have controlled his fall instead.
Does the van at least have something neat painted on it? The story could go from depressing to whimsical if it has something neat painted on it.
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__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.
Last edited by Surtur on Nov 27th, 2018 at 01:26 PM
Someone created what seems to be a monkey smoking a cigarette out of the dirt on this van so there really is no excuse for a lack of whimsy.
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__________________ Chicken Boo, what's the matter with you? You don't act like the other chickens do. You wear a disguise to look like human guys, but you're not a man you're a Chicken Boo.