Months after publicly identifying him as a suspect, authorities took Herbert Swilley, a 55-year-old Florida man, into custody, alleging that he was responsible for the murder of his husband, Timothy Floyd Smith, aged 59. Swilley is currently being held without bond in the Marion County Jail as of Sunday, according to records.
In various public statements, law enforcement officials mentioned that they had been searching for Timothy Floyd Smith on March 25 for a well-being check when he failed to show up for work. Unfortunately, they discovered him brutally murdered in the apartment he shared with Swilley.
For several months, the case remained shrouded in mystery, but in August, deputies publicly named Swilley as a suspect. It was revealed that he had offered to cooperate only if granted immunity from prosecution in connection with his husband's death.
On Friday, Swilley was arrested on charges of first-degree murder and tampering with evidence.
Investigators assert that Smith had been subjected to domestic abuse by Swilley and was planning to secure a new job in a different county, intending to move away from his husband. Additionally, the defendant stood to benefit from Smith's death, as he was the beneficiary of life insurance policies totaling $333,000. Tragically, Smith never had the opportunity to escape his dire situation.
Deputies described Smith's remains, noting that he had a ligature mark on his neck and had suffered blunt-force trauma to his face and genitalia.
The investigation revealed that Smith had been administered a massive dose of the antihistamine diphenhydramine, exceeding the therapeutic dosage by 30 times. Diphenhydramine is commonly found in allergy medicine and can induce drowsiness. According to deputies, Swilley allegedly strangled Smith with an unknown ligature, fracturing his cervical spine.
Afterward, Swilley transported the body from their shared residence to a nearby apartment they maintained. He purportedly concealed the remains, staged a fictitious crime scene, and used household cleaning products in an attempt to eliminate evidence.
Following these actions, Swilley returned to their residence and left Smith's vehicle at the apartment. Subsequently, he accessed their Ring camera application, but investigators discovered that surveillance footage from that night was missing. Swilley then disposed of what appeared to be two carpets from their residence at a landfill before proceeding with his day.
Despite initially appearing cooperative, Swilley's preliminary statement contained numerous false, self-serving, or contradictory details, as confirmed by evidence.
Smith's sister, Sandy Reils, shared a similar account about Swilley, mentioning that he did not reach out to her after the murder, and she learned about it through social media. She expressed her relief at Swilley's arrest, saying, "This is a step in the right direction."
A court date has been scheduled for December 5, but available records do not mention Swilley's attorney.
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