Charges of murder were dismissed Thursday against a woman accused of killing her elderly mother two years ago with a fatal dose of morphine at an Evans assisted living facility.
Rachel Elaine Waters, 41, had been indicted earlier this year for malice murder and felony murder in the July 2023 death of her 74-year-old mother, Marsha Sprayberry Foster. But on Thursday, Columbia County Superior Court Judge Barry Fleming dismissed the case after prosecutors announced they could no longer prove the charges beyond a reasonable doubt.
The dismissal came after a key change in the medical findings. Dr. Keith Lehman, associate medical examiner with the Georgia Bureau of Investigation, amended Foster’s manner of death from “homicide” to “undetermined,” according to court documents.
“When the manner of death can no longer be confirmed to be acute morphine toxicity, we can no longer pursue those charges,” said Acting Columbia County District Attorney Natalie Paine, who filed the motion to dismiss on Tuesday. The court formally dismissed the case on Thursday.
Waters had been accused of administering a lethal, unprescribed dose of morphine to her mother while she was staying at Marshall Pines Assisted Living on North Belair Road. Foster, who had advanced Alzheimer’s disease, died on the morning of July 12, 2023. According to the original indictment, the morphine had been left behind by hospice workers and was allegedly given without authorization.
Authorities initially treated the death as suspicious after it was reported by the facility’s executive director. The autopsy findings at the time pointed to acute morphine toxicity.
Waters, who was Foster’s only biological child, had traveled from her home in Sunnyside, New York, to Georgia to face the charges after the indictment was handed down in February 2025.
During a bond hearing, Paine said Foster was terminally ill and suffering greatly, having attempted suicide twice in the month before her death. While Waters denied intentionally causing her mother’s death, the district attorney stated that she had previously discussed the possibility of hastening it with family members and medical staff. After her mother passed, Waters also searched online for information about potential criminal charges, according to Paine.
Waters had publicly mourned her mother’s passing on social media, posting a photo holding her hand and writing in an obituary that Foster “died in the comfort of her daughter’s embrace soon after sunrise.”
Foster had retired from a 38-year career in the Department of the Army’s Civilian Personnel division at Fort Gordon and was remembered as a passionate artist and art teacher. She is survived by a sister, a brother, and two stepsons.
With the amended medical findings and the charges dismissed, no further criminal proceedings are expected in the case.
Waters, who has lived in New York City in recent years, is a graduate of Augusta University and also studied at The New School in Manhattan, according to her LinkedIn profile. Her background includes work with nonprofit organizations such as Unite for Reproductive & Gender Equity and The Doe Fund, which supports homeless outreach.
As a writer, Waters has contributed to outlets including The Huffington Post and Gawker, and appeared in a New York Times documentary series. From 2022 to 2024, she worked in science communications at LifeSci Communications, where she described collaborating with leaders in fields such as oncology, genetic engineering, and immunotherapy.
