Tim Hortons employee involved in fight with 75-year-old customer won’t face charges for her death

Anita Grayson is seen in a Facebook image, and in a screen grab from surveillance video in which she strikes an employee. Photo by Facebook / FWPD

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A Tim Hortons employee who was involved in an altercation with an elderly customer shortly before the customer’s death will not face charges, local authorities say.

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The incident took place on the morning of May 13 at a Tim Hortons in Fort Wayne, Indiana.

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Video released by the Fort Wayne Police Department shows Anita Grayson, 75, entering the restaurant at 3975 Ice Way in the northern Indiana city at about 8:10 that morning to address an issue with an order she had received at the drive-through.

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After standing at the counter for about a minute, Grayson is seen arguing with a 17-year-old female employee, both of them gesturing intensely, though the video has no sound. Next, a 20-year-old shift lead steps between Grayson and the employee.

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Police say the shift lead repeatedly told Grayson to leave. Grayson moves toward the younger employee, at which point the shift lead places her hands against Grayson to hold her back. Grayson then shoves the shift lead backward and takes a swing at her, striking her face.

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A photo taken by Fort Wayne Police Department shows injuries to the worker known as “Employee 1.” Photo by Handout

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The shift lead reacts and moves toward Grayson, swinging her arms and pushing her backward. The two end up in a tussle on the floor, as two other employees move in to separate them.

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Police say that during the fight, Grayson grabbed the shift lead’s face, leaving scratches and knocking off her glasses. “During the struggle, Ms. Grayson pulled a chunk of hair from the shift lead’s head, leaving a raw area on the top of her head,” said a police press release.

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The release says that at 8:22 a.m. Grayson lay down on the floor and the shift lead went to check on her, bringing her a cup of water. “A (Fort Wayne police) officer then arrived and found Ms. Grayson unresponsive. Medics arrived and began life-saving measures. Ms. Grayson was transported from the scene and was later pronounced deceased by medical personnel.”

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Allen County Prosecuting Attorney’s Office has since released its review of Grayson’s death, citing the “significant public attention” to the case.

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“The community deserves to know not only our decision, but how we reached our determination,” the office wrote, adding: “We have given this case a fair and thorough review, and evaluated it on the evidence and the law, the same standard we apply to every case that comes before this office.”

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A photo taken by Fort Wayne Police Department shows Employee 1’s hair gathered after the altercation. Photo by Handout

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The report notes that Allen County Coroner determined Grayson’s cause of death to be “acute exacerbation of congestive heart failure in the setting of a physical altercation.”

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It explains that the term “acute exacerbation” means Grayson’s pre-existing congestive heart failure suddenly worsened during the physical altercation, resulting in her death. However, the Coroner also concluded that the injuries Grayson sustained during the fight did not contribute to her death.

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The Attorney’s Office took into account witness statements, physical and medical evidence, the video and 911 calls in making its determination. It also referenced “applicable Indiana law,” including battery offences, murder, reckless homicide and self-defence.