Timothy Smith death: Husband arrested months after man found dead in Marion County home, officials say
MARION COUNTY, Fla. - A Florida man has been arrested in the suspected murder of his husband, according to the Marion County Sheriff's Office.
Detectives arrested 55-year-old Herbert Swilley on Friday morning, a spokesperson for MCSO confirmed to FOX 35. He was booked into jail on charges of first-degree premeditated murder and tampering with evidence in a criminal proceeding, both felony charges, according to online court records.
A spokesperson confirmed that it was related to the death investigation of 59-year-old Timothy Smith, Swilley's husband. Smith was found dead on Saturday, March 25, 2023, at an apartment on SE 40th Street in Ocala, Florida. Marion County detectives said Smith appeared to have suffered "a violent attack" prior to his death.
Swilley has been considered a suspect in Smith's death, but had not previously been arrested until Friday. MCSO said in August that Swilley had stopped cooperating with the investigation, and that he would only cooperate further if he's granted immunity for prosecution in Smith's death.
Herbert Swilley was arrested on Nov. 3 and booked into jail on charges of first-degree premeditated murder and tampering with evidence.
New details into the investigation
In a Facebook post Friday afternoon, the Marion County Sheriff's Office released additional details into its investigation into Smith's death, Swilley's alleged involvement, and how the case unfolded.
According to MCSO, deputies went to an apartment on SE 40th Street in Ocala on March 25 and found Smith dead. Deputies were initially called to conduct a welfare check after Smith did not show up to work.
He was found inside the apartment dead and had a "dark ligature mark" on his neck and signs of blunt-force trauma to his face and body.
According to the MCSO's investigation, Smith was allegedly found with a large amount of diphenhydramine, an antihistamine, in his system – nearly 30 times higher than a normal therapeutic dose.
At some point between the evening of Friday, March 23 and Saturday, March 24, Swilley allegedly choked his husband and broke his cervical spine, MCSO said. Swilley then drove Smith's body in Swilley's car to another apartment they maintained, "staged a fake crime," and tried to destroy evidence with household cleaning products, MCSO said.
He then changed vehicles and drove Smith's vehicle back to the first apartment, walked back to their home, and allegedly accessed the home surveillance video, according to MCSO. Detectives said there is no surveillance video from the night Smith was allegedly killed.
Hours later, Swilley then drove to a landfill and dumped two carpets, MCSO said., "before going about his day."
Possible motive?
MCSO said Swilley previously abused Smith.
Detectives also said that Smith was closing to getting a new job in another county and was "planning to relocate there without Swilley." Swilley would have inherited some $333,000 from Smith's life insurance, according to MCSO.
Marion County deputies released video of Swilley's arrest and detention at the jail. He did not speak.
Victim's spouse now a suspect in his murder
A Florida man has been named as a suspect in his husband's murder and that man's daughter is also a person of interest. Marion County sheriff's deputies continue to search for the killer of 59-year-old Timothy Smith, and investigators said his spouse, Herbert Swilley, is the prime suspect, they said.
MCSO said previously that Swilley's daughter was considered a person of interest in the case. Her status is unclear. After providing a preliminary statement after Smith's death, she declined to speak further with detectives, MCSO said in an August Facebook post.
Officials had pleaded with anyone to come forward with additional information on Smith's whereabouts. A $14,500 reward was offered at the time for information.