Prosecutors clear Portland FedEx driver in deadly punch

PORTLAND, Ore. (AP) — Prosecutors say a FedEx driver was justified in punching a Portland man after he was yelling racial slurs and tried to hit the driver first.

The Oregonian/OregonLive reports Joseph Magnuson died following the September encounter with driver Timothy Warren.

The Multnomah County District Attorney’s Office announced Monday that there’s no indication Warren intended to kill Magnuson.

A county medical examiner determined Magnuson was in “extremely poor health” prior to the encounter, and his fall after the punch to the head aggravated pre-existing conditions.

Prosecutors say Magnuson was the “initial verbal aggressor,” and Warren “was within his right to exit his vehicle and verbally challenge” Magnuson’s conduct.