MARION COUNTY, Fla. – A Marion County man is locked up months after his husband was found strangled and beaten inside of an apartment after he did not show up to work, according to the sheriff’s office.
Herbert Swilley, 55, was arrested Friday around 8 a.m., according to a news release, more than seven months after the death of his husband, 59-year-old Timothy Floyd Smith.
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Smith was found dead inside an apartment, located at 1980 SE 40th Street Road in Ocala, on Saturday, March 25, 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.
Smith was found strangled, with a mark left on his neck, and beaten about the face and genitals, according to investigators.
Deputies said Swilley initially pretended to be cooperative with investigators; however, they said it was later found that many of his statements were “false, self-serving, or contradicted by other evidence.”
Detectives said they attempted to question Swilley about the discrepancies but were told by his attorney that he would only cooperate further if he were granted immunity from prosecution in Smith’s death.
Deputies named Swilley as a suspect in Smith’s death in August.
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Investigators said they later determined that Smith had been drugged prior to his death. The victim was found with diphenhydramine in his system, a chemical commonly found in Benadryl and Unisom. Detectives said the amount of diphenhydramine was 30 times higher than the therapeutic dosage.
Investigators believe Swilley drugged Smith on March 23 or early on the 24th. After drugging him, detectives said Swilley strangled his husband with an unknown object and fractured his spine.
Swilley then drove Smith’s body to an apartment the two maintained, where the victim was ultimately found, and staged a crime scene, according to a release. Deputies said Swilley also tried to destroy evidence with household cleaners.
After staging the scene, investigators said Swilley went back to his home and then drove Smith’s car to the apartment. He then walked back home before later driving to a landfill to discard two carpets, records show.
Deputies said they also later discovered that Smith had been a victim of domestic violence at the hands of Swilley. They also found that Smith was in the process of securing a new job in another county and that he intended to move without Swilley. The accused killer was also found to be the beneficiary of a life insurance policy taken out on Smith which totaled $333,000.
Swilley now faces charges of premeditated first-degree murder and tampering with evidence. He is being held without bond.
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