Indiana prosecutors have revealed no charges will be filed over the death of a 75-year-old Tim Hortons customer, who died following a bust-up with a drive-thru manager.
Anita Grayson suffered a fatal flare-upof congestive heart failure following the May 13 fight in the Fort Wayne coffeehouse – and her death sparked an investigation as authorities initially struggled to rule whether it was accidental or a homicide.
Allen County prosecutors on Friday revealed no charges would be filed, clearing any staffers of wrongdoing, according to a report seen by The Post.
Grayson, a mom of four, charged into the coffeehouse just after 8 a.m. and berated a 17-year-old staffer upset over her order, prompting the shift manager, 20, to intervene.
The shift manager put her hands on Grayson in a bid to stop her from reaching the teen worker before being “forcefully shoved,” Fort Wayne investigators said.
The senior then struck the manager on the left side of her nose and she tried to retaliate.
Grayson then grabbed the manager’s face, scratched her and knocked off her glasses before yanking her hair and pulling her to the ground.
Then, two other Tim Hortons staffers rushed in and tried to pull the pair apart, but Grayson then pulled a clump of hair from the shift manager.
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.
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