A grand jury has declined to indict a Louisville woman who had been accused of attacking an elderly abortion protester in April outside of Kentucky’s only abortion clinic.

Janaya Alyce Gregory, 32, of Louisville, was facing a second-degree assault charge after she allegedly bumped 82-year-old Donna Durning outside of EMW Women's Surgical Center on Market Street in downtown Louisville on April 12.

Durning was hospitalized after the incident.

On Thursday, a grand jury declined to indict Gregory in Jefferson District Court, according to online court records.

"Our office respects their decision," Jeff Cooke, assistant commonwealth's attorney for Jefferson County said in an email to the Courier Journal.

"At this point we are not aware of any new evidence or additional circumstances that would warrant this matter being presented a second time," Cooke said.

A message left late Thursday seeking comment with Gregory’s attorney, J.P. Ward., was not immediately returned.

Durning told the Courier Journal she was not yet able to comment on the lack of an indictment but would possibly offer comments next week.

Background:Abortion protester says she was assaulted at Louisville clinic

Durning, a longtime anti-abortion activist, told the Courier Journal in a previous interview she offered a card for a crisis pregnancy center as Gregory walked out of the clinic.

According to a criminal complaint, Gregory initially ignored Durning, but then "turned back around and charged at the victim, bumping (the) victim with her body and causing (the) victim to fall backward."

Durning broke her femur and required surgery and rehabilitation. She also had a cut on her head but did not need stitches.

A police report and video showed a woman walking toward a waiting, burgundy car as Durning approached her on the public sidewalk.

The woman reached the car but then turned around and walked toward Durning and bumped her, causing Durning to fall backward to the ground.

The woman then got in the passenger seat of the car and rode away. One of the people with Durning took down the license plate number, while two others tended to Durning on the ground.

Police later found that Gregory was the registered owner of the car.

According to the complaint, a Louisville Metro Police detective reviewed video surveillance and compared the footage with Gregory's driver's license photo.

After spending several days in a rehabilitation facility in May, Durning had said she was recuperating at one of her sister's homes and was able to walk well with a walker. She also previously said she was glad police found her alleged attacker.

"This is a very, very serious offense," Durning told the Courier Journal in May. “We can't just let this fly by."

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April's incident was not the first time Durning had been pushed outside of the Louisville clinic. A video posted to YouTube in 2017 shows Durning being pushed to the ground while holding a sign that says "Ask to See Your Ultrasound."

Additionally, an LMPD spokesperson previously said Durning's name was listed as a victim in a 2005 assault at EMW.

Durning has volunteered as a "sidewalk counselor" outside of the clinic for 23 years, five days a week. She has talked before to the Courier Journal about her efforts, including in 2017, when she expressed optimism that her side was gaining momentum.

Gregory had pleaded not guilty in early May to the assault charge and had been released on her own recognizance while her case moved forward.

In a Thursday Facebook post, Black Lives Matter Louisville celebrated the decision by the grand jury to not indict Gregory and included a link to a “Janaya Gregory Legal Defense Fund” that had been set up to help Gregory with legal and personal costs.

The fund has raised more than $800. The online page where donations can be made says Durning “staged a fall while harassing” Gregory outside of the Louisville clinic.

Reach Billy Kobin at bkobin@courierjournal.com or 502-582-7030. Support strong local journalism by subscribing today: courier-journal.com/subscribe.