Two nurses accused of murdering a nursing home resident five years ago, walked away from their lengthy legal journey this week.

Jean Cape Bodrey of Cordele and Linda Jolene Hogue were indicted Dec. 1, 2003, on charges of murder and cruelty to an elderly person, and surrendered themselves later that same week. Bond was set at $50,000 each. Both paid their bonds and were released.

At the time of the indictment, Southwestern Judicial Circuit District Attorney Cecilia Cooper said the charges against the women stemmed from the death of Johnny Wilborn, age 65, in November 2002, while he was a resident of the Lillian Carter Nursing Center in Plains.

Bodrey was a registered nurse at the facility at the time of Wilborn's death. Hogue was a licensed practical nurse at the nursing home facility.

Cooper said both women were fired from the Lillian Carter Nursing Center after Wilborn’s death.

The charge was that Hogue and Bodrey "did then and there, unlawfully, while in the commission of a felony, to-wit: cruelty to an elderly person, did cause the death of Johnny Wilborn, a human being by failure to provide health care to the extent that the health of said Johnny Wilborn was jeopardized."

In court on Wednesday, the district attorney asked that the murder charge be dismissed against both women. Superior Court Judge M. James Sizemore Jr. concurred.

Hogue, represented by Albany attorney Jerry Brimberry, pleaded no contest to the cruelty charge and was sentenced to serve two years on probation. Bodrey maintained her innocence and proceeded to trial, represented by Americus attorney William J. Murray, who said the jury deliberated 25 minutes before returning the not guilty verdict.

In a statement released late Friday, Murray said, “We vigorously argued that whether CPR was given or not, or whether it was started but later stopped, is imminently a nursing call and unless the medical treatment was rendered or not rendered in bad faith and not in accordance with accepted medical procedures, should be strictly a medical issue and not a criminal issue. This is the first time I have seen routine medical treatment that failed to revive a dying or dead patient turned into a criminal prosecution. The chilling effect on nursing and even on doctoring in our area could have been enormous, both in acute care hospitals and in long term care facilities. We believe the jury also firmly grasped this implication in the case and are very thankful for that.

“Ms. Bodrey now has her RN license and can return to work in her profession if she chooses where she has been shut out of work for more than four years while this indictment has been pending resolution. Character witnesses praised her nursing skills. Her medical talents are needed.”

Murray, in a news release, also said that after the judge ruled that the two defendants would be tried separately, Hogue agreed to plead no contest to the cruelty count on Wednesday morning, the day her trial was to begin, and at the same time the murder count was dismissed and she agreed to testify against Bodrey, and did so during the trial, placing much blame on Bodrey.

He said his client, Bodrey, showed up in court Wednesday morning to begin her trial and the state dismissed her murder count, but she refused to plead to any charge maintaining her innocence of any criminal conduct.