Nationwide — Criminal charges will not be filed after 75-year-old Anita Grayson died following a physical fight with a Tim Hortons employee in Indiana. Prosecutors said the employee acted legally while defending a 17-year-old coworker and herself. According to WOWT, the Allen County Prosecutor’s Office announced Friday that it would not charge anyone in connection with Grayson’s death. The office also released its investigative report detailing the evidence and legal reasoning behind the decision.
Grayson died after the altercation on May 13. The Allen County Coroner’s Office said she died from an acute exacerbation of congestive heart failure in the setting of a physical altercation. At that time, Grayson had reportedly returned to the restaurant to complain about her drive-thru order. Employees said she became increasingly hostile during an argument with a 17-year-old worker.
A shift lead stepped between Grayson and the teenager and placed her hands on Grayson’s shoulders. Prosecutors said Grayson then pushed the employee and struck her in the face.
The shift lead responded by swinging her arms. Grayson grabbed her hair and pulled her to the ground. During the struggle, Grayson scratched the employee’s face, knocked off her glasses, and pulled out some of her hair. Surveillance footage shows Grayson putting the hair in her purse.
Two employees eventually separated the women. Grayson remained at the restaurant and later called 911, telling the dispatcher she was “breathing heavy because I’m about to have a heart attack.” She also said the manager had “jumped on me and beat me down to the floor” and that she might need an ambulance.
Three 911 calls came from the restaurant. Grayson later lowered herself from a chair to the floor. An employee said she checked on her and offered water, but Grayson told her to leave her alone. She remained responsive until EMS arrived, but her condition worsened while police and medics worked to save her. She was taken to a hospital, where she later died.
The coroner’s office said Grayson did not suffer significant injuries from the fight that could have caused her death. Her manner of death was classified as “undetermined” because officials could not establish with medical certainty whether the altercation caused her death or whether her existing heart condition was responsible.
After reviewing witness statements, surveillance footage, and the initial police investigation, prosecutors said the accounts were consistent with the video evidence.
They concluded that the shift lead was justified in initially intervening to protect the teenage employee. Prosecutors also determined that Grayson escalated the encounter by striking the worker. The office further found that the shift lead had the right to defend herself after being struck and having her hair pulled. Prosecutors said her actions did not go beyond what was reasonably necessary during the struggle.
“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 has retained civil rights attorney Ben Crump and attorney Sue-Ann Robinson.