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Timothy Warren a FedEx got into a confrontation with Joseph Magnuson who yelled at him for driving too fast according to The Washington Post. Warren according to reports was driving no higher than 20 miles per hour. The incident that took place in Portland, Oregon between the two men escalated when Magnuson, a white man, spewed a racial slur towards Warren, a Black man.

Witness alleges Magnuson threw food or drink at Warren then attempted to punch him. The FedEx employee the punched Magnuson and hit him just above his eyes. The blow made him unconscious and the 55-year-old later died.

After speaking with witnesses Senior Deputy District Attorney of Multnomah County Adam Gibbs said:

“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**king n****r” in combination with other aggressive and abusive phrases ‘over and over again.’”

Warren will not face charges, the Multnomah County District Attorney’s Office said Monday. Prosecutors determined Warren acted in self-defense and had no intention of killing Magnuson. Oregon does not have a “duty to retreat” law requiring a person to step away from danger instead of fighting back.

A medical examiner concluded the punch was not the cause of death they determined Magnuson was in “extremely poor health,” according to Gibbs.

Gibbs wrote in his findings, “The death might have been avoided had Mr. Warren not stopped his truck and verbally engaged with Mr. Magnuson. However, the decision by Mr. Warren … to not let the racist vitriol to which he was being subjected go unanswered is not of legal significance” Newsweek reports.

A FedEx spokeswoman Nikki Mendicino did not comment on Warren’s current employment status but said the company is “fully cooperated with law enforcement during the investigation of this unfortunate incident. We extend our condolences to all those affected.”

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