MARION COUNTY, Fla. — Herbert Swilley was found guilty of premeditated first-degree murder in the 2023 case involving the death of his husband, Timothy Smith, in Marion County.
Swilley was sentenced to life in prison after jurors reviewed a week of witness testimony and evidence.
The case started on March 25, 2023, when Swilley contacted the Marion County Sheriff’s Office, saying he couldn’t reach Smith. Deputies found Smith dead in their shared apartment. Officials saw signs of trauma on Smith’s face and neck, along with ligature marks, and smelled strong chemicals from cleaning products.
Major Crimes detectives found inconsistencies in Swilley’s statements and discovered that Smith had an unusually high level of Diphenhydramine in his system - over 30 times the recommended dose. Surveillance footage and digital data revealed that Swilley left their primary residence on March 24th, drove to the apartment, and likely disposed of Smith’s body before heading back home.
Swilley then drove Smith’s jeep to the apartment, parked it and walked back to their residence.
The case was prosecuted by Assistant State Attorneys Richard Buxman and Amy Berndt, with significant contributions from law enforcement and forensic professionals.
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