MARION COUNTY, Fla. – A Marion County man who was arrested after being named a suspect in the 2023 death of his husband has been found guilty of murder, according to the state attorney.
Jurors found 57-year-old Herbert Swilley guilty of first-degree murder in the death of Timothy Smith, 59, the state attorney’s office said in a news release.
The jury reviewed evidence and listened to a week’s worth of witness testimony before its decision on Friday, the release states.
Smith was found dead March 25, 2023, inside an apartment in the 1900 block of SE 40th Street Road in Ocala, records show. Deputies said they went to the apartment for a well-being check after Smith did not show up to work the day before, soon finding he had been strangled and beaten, according to investigators.
Swilley initially appeared cooperative with investigators, though it was later found many of his statements were “false, self-serving, or contradicted by other evidence,” deputies said. When detectives attempted to question Swilley about the discrepancies, his attorney reportedly said that he would only cooperate further if he were granted immunity from prosecution in Smith’s death.
Investigators believe Swilley drugged Smith before strangling him and fracturing his spine. Swilley — who was also found to be the beneficiary of a $333,000 life insurance policy taken out on Smith — is further accused of transporting Smith’s body to an apartment that they both maintained and staging a crime scene.
Victims of domestic violence can call the National Domestic Violence Hotline, available 24 hours a day at 800-799-7233.
Harbor House of Central Florida offers a 24-hour confidential crisis hotline, reachable at 407-886-2856.