No charges for FedEx driver who fatally punched man calling him racial slurs
Do you really think that the FedEx driver in this case felt physically threatened in any way while he was driving by in his truck? How about the obnoxious speaker, when confronted by the driver? This driver had the opportunity to let the matter go and drive on, but he chose instead to stop and exit his vehicle to physically confront the source of his verbal insults. By doing so he became the aggressor, and he should be held responsible for the results. Oregon may have no duty to retreat, but there is no excuse for deliberately escalating a verbal exchange into a physical confrontation. Free speech is just that – even when those speaking are insulting you in the most egregious manner. Speech can never be used to justify a physical assault.
Of particular concern are the comments by Senior Deputy District Attorney Adam Gibbs of the Multnomah County District Attorney’s Office regarding the decision not to pursue charges against the driver:
“…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. Gibbs has essentially condoned physical confrontation as an acceptable response for speech with which you don’t agree, even when it leads to violence. I hope Mr. Gibbs lives in Portland so he can witness the results of his action first-hand.
One more reason not to move to Portland (others here, here, and here, to name a few).