No charges filed after 75-year-old woman dies following fight with Tim Hortons employee, prosecutors say

FORT WAYNE, Ind. (WPTA/Gray News) - No charges will be filed in connection with the death of a 75-year-old Indiana woman who died following a physical altercation at a Tim Hortons.

The Allen County Prosecutor’s Office announced Friday it will not file any criminal charges in connection with Anita Grayson’s death.

Grayson died on May 13 from acute exacerbation of congestive heart failure after getting into a physical altercation with a Tim Hortons employee.

“This is a heartbreaking situation for everyone involved and especially for Ms. Grayson’s family,” a news release reads. “We recognize this case has drawn significant public attention, and we understand that the community deserves to know not only our decision, but how we reached our determination.”

The Allen County Prosecutor’s Office released its investigative report on Grayson’s death. The report included details from interviews with the employees and witnesses present, a review of the surveillance video and law enforcement’s initial investigation.

“To provide that transparency, we are releasing a report outlining the evidence reviewed, the applicable law, and the legal analysis that led to our decision.”

The prosecutor’s office reported that all employee and customer witness accounts were consistent with one another, and that surveillance video corroborated the reported events.

The Tim Hortons employees involved in the altercation told the prosecutor’s office Grayson had returned to the restaurant to complain about her drive-thru order. According to the employees’ testimonies, she got into a verbal altercation with a 17-year-old employee and became increasingly hostile toward the minor.

It was then that another employee, identified as the shift lead, stepped in between Grayson and the 17-year-old. Surveillance video shows the employee place their hands on Grayson’s shoulders, as if to keep her back. It then appears that Grayson shoved the employee backward before striking her in the face.

The shift lead then appeared to go toward Grayson, swinging her arms.

Grayson responded by grabbing the shift lead by the hair and pulling her to the ground while the shift lead swatted at Grayson’s arm.

During the fight, Grayson scratched the employee’s face, knocked her glasses off and pulled out a chunk of her hair. Surveillance video shows Grayson holding the hair and putting it in her purse.

Two other employees were able to separate the women. The employee told the prosecutor’s office she went to the back while Grayson remained in the restaurant. She is seen in the surveillance video sitting in a chair before grabbing her belongings and moving to another table where she calls 911.

The prosecutor’s office confirmed three 911 calls were made. The first was made by a Tim Hortons employee when the altercation began, which triggered a police response. The second was by a customer who was in the restaurant.

The third was made by Grayson, who told dispatch that she was “breathing heavy because I’m about to have a heart attack.” She told dispatch that the manager “jumped on me and beat me down to the floor” and that she may need an ambulance.

Grayson is then seen on surveillance video lowering herself from the chair onto the floor. An employee said she went to check on Grayson and offer water, but Grayson told her to leave her alone.

According to the prosecutor’s office’s report, Grayson remained responsive until EMS appeared. Her condition worsened while police were on the scene and medics began lifesaving measures. She was transported to a hospital where she later died.

The Allen County Coroner’s Office said Grayson’s cause of death was acute exacerbation of congestive heart failure in the setting of a physical altercation. The coroner’s office also concluded Grayson didn’t sustain significant injuries from the altercation that could have contributed to her death.

Her manner of death has been classified as “undetermined,” which means the medical examiner cannot say with medical certainty that the physical altercation caused her death, rather than her preexisting condition.

Following its review of all the evidence, the prosecutor’s office concluded it would not file any criminal charges.

They concluded that the employee’s initial action in defending their 17-year-old coworker was justified as defense of a third person.

They also said it was Grayson who escalated to violence. They concluded her reaction to strike the employee after she placed her hands on Grayson’s shoulder was disproportionate to the employee’s action.

The prosecutor’s office also concluded the employee was entitled to defend herself after she was struck and that her actions during the fight “did not exceed what the ongoing struggle reasonably called for.” The employee said she only struck back after she was hit and as Grayson was pulling her hair, in an effort to free herself.

“Under Indiana law, the State cannot proceed unless it can disprove legal justification beyond a reasonable doubt, and on this record it cannot,” the report said. “The current conclusion is that no criminal charges will be filed.”

Grayson’s family retained national civil rights attorney Ben Crump and attorney Sue-Ann Robinson.