OCALA, FL (352today.com) – The Marion County Sheriff’s Office (MCSO) has arrested the husband of an Ocala businessman and charged him with his spouse’s murder.
After obtaining a warrant earlier this week, MCSO booked 55-year-old Herbert Swilley into the jail on Friday, Nov. 3, at 8:45 a.m. and charged him with first-degree premeditated murder of his husband, 59-year-old Tim Smith. They also charged Swilley with one count of tampering with evidence in a criminal proceeding.
Deputies found Smith dead in his Citrus Park home on March 25 during a wellness check. They say he had been violently attacked.
According to MCSO’s Facebook post, Smith was dosed with a large amount of diphenhydramine (an ingredient in Benadryl and Unisom) that was 30 times higher than the normal therapeutic dose. It went on to say that Swilley then murdered Smith by choking him to death with an unknown object, ultimately fracturing his cervical spine.
They say Swilley then used his own vehicle to transport Smith’s body from their shared home to a nearby apartment that the two of them maintained. MCSO reports that Swilley placed Smith’s body inside the dwelling, staged a phony crime scene, and tried to destroy evidence using household cleaning agents before returning to their residence. He then, according to MCSO, drove Smith’s vehicle to the apartment and left it there.
Investigators say they later found that surveillance videos from the apartment’s Ring camera were not present, as Swilley apparently accessed them through a phone application.
A few hours later, Swilley drove to the landfill where he dropped off what MCSO says appeared to be two carpets from their residence before returning to his day-to-day business.
In addition, MCSO says that the investigation revealed that Smith had previously suffered domestic abuse by Swilley. Smith was apparently close to securing a new job in another county and was planning to relocate there without Swilley. Investigators also found that Swilley stood to profit from Smith’s death, as he was listed as the beneficiary of Smith’s life insurance policies, which totaled $333,000.
For months, the sheriff’s office indicated they suspected Swilley was somehow connected to Smith’s death. They also stated Swilley’s daughter, Jordan Swilley, is a person of interest and that both had refused to speak with detectives.
Initially, Swilley appeared to cooperate with law enforcement, providing them with a preliminary statement but the investigation later revealed that many of the things Swilley told them were false, self-serving, or contradicted by other evidence. When detectives asked to interview Swilley about these discrepancies again, Swilley’s attorney said he would only cooperate if he was provided immunity from prosecution.
In August, rewards for information that would lead to an arrest climbed to $14,500.
Swilley is being held without bond at the Marion County Jail.
This is a developing story. We’re continuing to gather more information. Check back frequently for updates.