Witnesses told authorities Magnuson was yelling “very aggressively” for Warren to slow down, Senior Deputy District Attorney Adam Gibbs wrote in the memo. Warren stopped the truck and tried speaking to Magnuson.
If Warren kept driving, Magnuson might still be alive, but “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,” Gibbs wrote.
Both men started yelling at each other, and Magnuson threw a drink at Warren. Warren hit Magnuson once after he threw a punch, according to the memo. Magnuson dropped to the ground unconscious.
“Oregon law contains no ‘duty to retreat’ and Mr. Warren was within his right to exit his vehicle and verbally challenge the manner in which Mr. Magnuson was addressing him,” the memo said. “Mr. Magnuson was the initial verbal aggressor; Mr. Warren responded in kind. Mr. Magnuson then escalated and became the initial physical aggressor; Mr. Warren again responded in kind.”
Information from: The Oregonian/OregonLive, http://www.oregonlive.com