Jurors find Herbert Swilley guilty of first-degree murder after a week of compelling testimony and evidence.
MARION COUNTY, Fla. – After a week-long trial, a jury found Herbert Swilley, 57, guilty of the 2023 premeditated first-degree murder of his husband, Timothy Smith, 59.
Swilley, who was indicted in November 2023, was convicted following a case built on forensic evidence, surveillance footage, and inconsistent statements.
The case began on March 25, 2023, when Swilley called the Marion County Sheriff’s Office, reporting he couldn’t reach his husband. Deputies, using a landlord-provided key, entered the couple’s apartment and discovered Timothy Smith’s body on the bedroom floor.
Investigators noted obvious signs of trauma to Smith’s face and neck, including ligature marks, and detected a strong odor of a cleaning chemical similar to bleach.
Deputies informed Swilley of his husband’s death, noting his lack of an emotional response.
Swilley told them he last saw Smith two nights earlier and assumed he had left for work when he didn’t return home. However, investigators soon found inconsistencies in Swilley’s account.
Major Crimes detectives took over the investigation, and forensic analysis revealed a lethal amount of Diphenhydramine—over 30 times a normal dose—in Smith’s system. Additionally, surveillance footage and electronic data placed Swilley at the apartment on March 24, where he was seen moving his truck and later the victim’s Jeep, suggesting a staged scene.
The successful prosecution was led by Assistant State Attorneys Richard Buxman and Amy Berndt. Authorities credit the collaborative efforts of law enforcement and forensic experts for securing the conviction.
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