Indiana prosecutors say they will not bring criminal charges in the death of 75-year-old Tim Hortons customer Anita Grayson, who died after a confrontation with a drive-thru manager.
Grayson experienced a fatal exacerbation of congestive heart failure after the May 13 altercation at the Fort Wayne coffee shop, a case that prompted investigators to examine whether her death should be classified as accidental or a homicide.
On Friday, the Allen County Prosecutor’s Office announced that no charges would be filed, finding no criminal wrongdoing by employees, according to a report reviewed by The Post.
Grayson, a mother of four, entered the coffeehouse shortly after 8 a.m. and confronted a 17-year-old employee over her order, leading a 20-year-old shift manager to step in.
Fort Wayne investigators said the shift manager placed her hands on Grayson to keep her from getting to the teenage worker before Grayson “forcefully shoved” her.
Grayson then hit the manager on the left side of her nose, and the manager attempted to strike back.
The confrontation escalated when Grayson grabbed the manager’s face, scratched her, knocked off her glasses, pulled her hair and dragged her to the floor.
Two other Tim Hortons employees then rushed over to separate them, but investigators said Grayson pulled out a clump of the shift manager’s hair during the struggle.
She was then seen putting clumps of hair in her bag before being found unresponsive.
Prosecutors refused to file charges as they said the shift manager was defending her colleague.
“Grayson’s escalation to striking [the manager] in the face was not a proportionate or justified response to being touched on the shoulders,” investigators said.
“As a matter of law, it is Grayson’s blow, not [the manager’s] earlier contact that started the altercation.”
The manager’s actions “did not exceed what the ongoing struggle reasonably called for,” investigators said.
[Her] “initial intervention is independently justified as defense of a third person,” investigators added.
“She said she thought Grayson was going to attack the minor employee, so she stepped in.
“Under Indiana law, the State cannot proceed unless it can disprove legal justification beyond a reasonable doubt, and on this record it cannot. The current conclusion is that no criminal charges will be filed.”
Grayson’s manner of death was undetermined, Allen County coroners said last month.
Her death was the result of “acute exacerbation of congestive heart failure in the setting of physical altercation,” E. Jon Brandenberger said in his ruling.
“The symptoms of congestive heart failure get worse when there is adrenaline flowing in a physical altercation, and then a sudden flare up of the heart failure, which then can lead to symptoms, or hospitalization, and even death,” the coroner said.
Coroners ruled out an accidental or natural death given the circumstances.
Investigators also ruled out homicide after examining all of the evidence and said Grayson didn’t suffer any “significant contributory injuries” as a result of the fight.
“There has been exhaustive investigation and review in the evidence of this case,” Brandenberger said.
“The video was reviewed multiple times by the homicide detectives, by my staff, by the prosecutor, and by the forensic pathologist. Bodycam videos were reviewed. We listened to and transcribed the four 911 calls and multiple meetings.
“After exhaustive review, we could not determine with reasonable certainty that Mrs. Grayson’s death was either natural, or homicide, or accident.
“Therefore the manner of death that is appropriate to use is undetermined, meaning could not be determined.”
Grayson’s family hired civil rights attorney Ben Crump to pursue potential litigation and her daughter, Tawnda Grayson, called for justice.
“She was the best mother anyone could ask for — hardworking, compassionate, selfless, and always willing to help others before herself,” Tawnda Grayson said.
