Skip to Content Subscribe Our Offers My Account Manage My Subscriptions FAQ Newsletters Canada Canadian True Crime Canadian Politics Health World Israel & Middle East Financial Post NP Comment Longreads Puzzmo Diversions Comics NP News Quiz New York Times Crossword Horoscopes Life Eating & Drinking Style Sponsored Play for Ontario Travel Travel Canada Travel USA Travel International Cruises Travel Essentials Culture Books Celebrity Movies Music Theatre Television Business Essentials Advice Lives Told Tails Told Shopping Buy Canadian Home Living Outdoor Living Kitchen & Dining Tech Style & Beauty Personal Care Entertainment & Hobbies Gift Guide Travel Guide Amazon Prime Day Deals Savings National Post Store More Sports Hockey Baseball Basketball Football Soccer Golf Tennis Driving Vehicle Research Reviews News Gear Guide Obituaries Place an Obituary Place an In Memoriam Classifieds Place an Ad Celebrations Working Business Ads Archives Healthing Epaper Manage Print Subscription Profile Settings My Subscriptions Saved Articles My Offers Newsletters Customer Service FAQ Newsletters Canada World Financial Post NP Comment Longreads Puzzmo Diversions Life Shopping Epaper Manage Print Subscription HomeNewsWorldTim Hortons employee involved in fight with 75-year-old customer won't face charges for her deathReport says customer's response to being touched by an employee during an argument was 'out of proportion' and included striking her in the face You can save this article by registering for free here. Or sign-in if you have an account.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 / FWPDA 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.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorThe incident took place on the morning of May 13 at a Tim Hortons in Fort Wayne, Indiana.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.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.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try againPolice 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. A photo taken by Fort Wayne Police Department shows injuries to the worker known as “Employee 1.” Photo by HandoutThe 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.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.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.”Allen County Prosecuting Attorney’s Office has since released its review of Grayson’s death, citing the “significant public attention” to the case.“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.” A photo taken by Fort Wayne Police Department shows Employee 1’s hair gathered after the altercation. Photo by HandoutThe 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.”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.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.On the issue of who started the altercation, it noted: “The first physical contact between Grayson and Employee 1 was not a threat or a blow. It was Employee 1 placing her hands on Grayson’s shoulders as Grayson reached around her toward the minor employee. Standing alone, that contact does not meet the standard for battery under Indiana law, which requires a touching in a rude, insolent, or angry manner.”It added: “Grayson’s response was to shove Employee 1 with both hands and then strike her in the face. Even treating Employee 1’s hands on Grayson’s shoulders as the first touch in a technical sense, Grayson’s response was out of proportion to it.”It concludes: “Based on the evidence reviewed to date, the available record does not support filing criminal charges. Grayson, not Employee 1, escalated the encounter to violence, and did so disproportionately to the minimal contact that preceded it.”A segment of the surveillance footage that starts with Grayson being knocked over had been shared on social media by her daughter shortly after the incident, leading to calls for the Tim Hortons workers to be arrested.Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our newsletters here. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.