An Indiana Tim Hortons employee will not face criminal charges in connection with the death of 75-year-old Anita Grayson, who died after a physical confrontation at the restaurant three months ago.
The Allen County Prosecutor’s Office announced that it would not pursue charges after reviewing surveillance footage, 911 calls, dispatch records, and witness statements. Prosecutors said they applied the same legal standard they use in every case.
“This is a heartbreaking situation for everyone involved and especially for Ms. Grayson’s family,” officials said in a statement. They acknowledged the public interest surrounding the case and said, “We understand that the community deserves to know not only our decision, but how we reached our determination.”
Prosecutors said they conducted a “fair and thorough review” based on the evidence and the law.
The Fight
The incident began May 13 after Grayson placed an order at the Fort Wayne restaurant’s drive-thru. She returned about seven minutes later and went inside to challenge the order at the front counter.
A verbal dispute followed between Grayson and a 17-year-old employee. An adult employee then stepped between them to protect the teenager.
The argument soon turned physical, according to the prosecutor’s report. Investigators said Grayson shoved and struck the adult employee. The two women fell to the floor and continued struggling until other workers separated them.
Investigators said surveillance video backed up the employee’s account. The footage showed Grayson making the first physical contact before the women fell and grappled on the floor. Four employees and another customer also gave investigators statements that prosecutors said were consistent with the video.
The adult employee gave investigators more details about the confrontation. She said Grayson called her a “little white b-tch” before attempting to get around her and reach the teenage employee.
The employee said she placed both hands on Grayson’s shoulders to keep her away. Grayson then allegedly punched her in the face, grabbed her hair and pulled her through the employee doors.
Investigators later documented bruising and scratches on the employee’s face. They also found a significant portion of hair that had been pulled from her scalp during the confrontation.
After coworkers separated the women, Grayson went to the floor in the dining area. The teenage employee told investigators that she did not initially believe Grayson had collapsed involuntarily. Another employee later said she saw Grayson appear to suffer what she described as a seizure.
When workers offered Grayson water, she reportedly told them to “leave her alone.”
Workers treated Grayson inside the restaurant before authorities transported her to a hospital. She later died there.
The coroner classified Grayson’s manner of death as undetermined. The medical examiner found no significant injuries from the confrontation that contributed to her death. The examiner could not determine with “reasonable medical certainty” whether the fight caused Grayson’s death or whether her preexisting congestive heart failure worsened as a result of the stress.
That finding played a key role in the prosecutor’s decision.
Prosecutors also determined that the employee had legal justification for using force. The report said Grayson “escalated the encounter to violence” and described the employee’s actions as justified first because she was protecting a minor and later because she was defending herself.
The report also concluded that the employee’s response “did not exceed what the ongoing struggle reasonably called for.”
Indiana law requires prosecutors to disprove a legal justification defense beyond a reasonable doubt before bringing a criminal case. Prosecutors said the evidence did not meet that standard.
The report stated, “Nor does the record establish that any conduct at the restaurant caused Grayson’s death to the degree of certainty the law requires.”
It continued, “Under Indiana law, the State cannot proceed unless it can disprove legal justification beyond a reasonable doubt, and on this record it cannot.”
The prosecutor’s office ultimately concluded that “criminal charges will not be filed” against the employees involved in the altercation.
The decision leaves Grayson’s family without a criminal prosecution while also closing the prosecutor’s review of the incident. Officials said they recognized the loss and the attention surrounding the case but maintained that the evidence and Indiana law did not support criminal charges.
Grayson’s family has also turned to the public for help covering the costs that followed her death. They launched a GoFundMe campaign describing Anita Grayson as a devoted mother, Jehovah’s Witness and longtime member of the Sandpoint Congregation in Fort Wayne. The family remembered the 75-year-old as “hardworking, compassionate, selfless” and said she always put others before herself.
They said Grayson lovingly raised four children and remained the heart of their family. The family said they were unprepared for the sudden loss and are seeking donations to help cover legal and funeral expenses. They also asked supporters to share the fundraiser and keep the family in their prayers. As of Tuesday, the campaign had raised approximately $6,500 toward its $12,000 goal, according to the fundraiser.
