The Loudoun Commonwealth Attorney’s Office has decided to not pursue prosecution against a Cumberland, Md. man charged in connection with a 2001 murder.

The office announced late Thursday that the case against Leo Durocher, 51, has been dropped after his co-defendant, Robert Roy, stopped cooperating with prosecutors.

Durocher and Roy, 49, were charged in connection with the death of Patrick Blaire Hornbaker, 32, who was found dead in his home on Route 9 near the West Virginia line.

Roy pleaded guilty in January to second-degree murder. As part of his plea agreement, he was required to cooperate with prosecutors in the prosecution of his co-defendant.

“Unfortunately, over the past several months Mr. Roy evinced a declining willingness to honor his agreement, culminating within the past twenty four hours in an absolute refusal,” a press release from the Loudoun County Commonwealth Attorney’s Office said. “It is regrettable that the case cannot be pursued at the time. However, this Office was ethically obligated to seek this order in light of the balance of the remaining evidence.”

Durocher was charged with first-degree murder in September 2011 – nearly three years after Roy was arrested in connection with the case.

Following Durocher’s arrest, prosecutors dropped the death penalty they were seeking against Roy.

Roy was indicted by a grand jury in November 2008 in connection with Hornbaker’s death. The initial investigation into the murder lingered for years until 2006 when a new investigator was assigned to the case.

At the time of his arrest, Roy was incarcerated in West Virginia on unrelated charges. The Sheriff’s Office has not released the details on how precisely Roy and Durocher were connected as suspects in Hornbaker’s death.

Prosecutors say they will continue to pursue the case against Roy who is scheduled for sentencing Dec. 10. Under the plea agreement, Roy faces 18-27 years in prison.

It’s typical that when a defendant breaks a plea agreement the agreed upon sentence is void.

The commonwealth’s attorney’s office has not said whether it will continue with the agreement or it will pursue a harsher penalty for Roy.

Loudoun Commonwealth Attorney Jim Plowman was not immediately available for comment.

In July, the office announced that former Loudoun County prosecutor Jim Fisher would prosecute the case.

This is a developing story. Check back to loudountimes.com for more information as it becomes available.