'Fly with the angels': Nurse who removed COVID patient's oxygen pleads guilty to felony

INDIANAPOLIS – An Indiana nurse accused of removing a COVID-19 patient's oxygen at a poorly staffed nursing home has pleaded guilty to a felony, but will receive no jail time.

Connie Sneed, 54, of New Albany, pleaded guilty Thursday in Clark Circuit Court to knowingly or intentionally acting as a physician's assistant without a license, a Level 6 felony. Under the plea deal, she received a suspended sentence of 540 days, which means she won't serve jail time if she stays out of trouble.

Sneed did not immediately return phone calls from IndyStar, part of the USA TODAY Network.

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Nurse posted on Facebook about incident

Sneed was a licensed practical nurse at Wedgewood Healthcare Center in Clarksville when she drew attention from authorities for what prosecutors called a "brazen" Facebook post.

In the post, Sneed said she asked the patient if he wanted her to remove his oxygen mask so he could "fly with the angels." She described it as "the hardest thing I've ever done in 28 years."

The patient, James Godfrey, 72, died on April 30, 2020, hours after his oxygen was unhooked. He had been a resident at the nursing home for more than a month. His medical conditions included dementia and occasional depression.

Sneed was initially charged in March 2021 with practicing medicine without a license, a Level 5 felony that carries a penalty of up to six years in prison. The charge was amended to the lower level felony as part of Sneed's plea deal with Clark County prosecutors.

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Prosecutor: 'Mistake in judgment' led to 'very serious result'

Clark County Prosecutor Jeremy Mull said in an email to IndyStar that it was important to him that Sneed be convicted of a felony given the gravity of her actions. But he said other factors favored a sentence without prison time, including Sneed's belief that she was helping a suffering patient, her distinguished record as a nurse and her acceptance of responsibility. The plea deal also allowed the case to be resolved without putting the deceased patient's family through a lengthy trial, he said.

"This case presented countervailing considerations, but at the end of the day, the evidence left me convinced that Ms. Sneed was a nurse who deeply cared for her patients, but who made a mistake in judgment that led to a very serious result," Mull said. "I am satisfied that this particular conviction and sentence is just and fair in this case."

In an interview with state health inspectors a few days after Godfrey's death, Sneed confirmed that she had removed the resident's oxygen. She said that she'd had a "terrible" week and was caring for more than 40 COVID-19 patients at the facility when she forgot to notify the resident's physician of his decline.

Sneed also told inspectors the resident's daughter had told her "if it was her father's wishes she could remove the mask."

Nursing home had 22 COVID deaths

Going into the pandemic, Wedgewood had the lowest possible staffing rating from federal regulators – “much below average” – and was in the bottom 15% for total staffing nationally. It remains poorly rated.

The nursing home was among the facilities hit particularly hard by the virus. At least 80 residents contracted the coronavirus and 22 died, according to state health data. The 124-bed facility is owned by Columbus Regional Hospital and operated by CommuniCare.

Records show the nursing home and Columbus Regional Hospital settled a wrongful death lawsuit filed by Godfrey's family, but the hospital has not disclosed the terms.

Janet McSharar, a medical malpractice attorney who represented the hospital in the case, said she could not discuss it. "Both parties to this claim agreed to the confidentiality of the settlement," she said, "including all terms thereof."

IndyStar has filed a public records request seeking a copy of the settlement.

Wedgewood fired Sneed on May 6, 2020, after its executive director determined Sneed had not obtained a doctor's order to administer oxygen nor to later remove the oxygen supply.

The state's professional licensing database shows her nursing license has been suspended since May 2021.

Follow IndyStar reporter Tony Cook on Twitter: @IndyStarTony.

This article originally appeared on Indianapolis Star: Indiana nurse who removed COVID patient's oxygen pleads guilty