Timothy Smith, aged 59, and Herb Swilley, aged 55, were on the brink of their eight-year wedding anniversary when Smith was discovered lifeless in an Ocala, Fla., apartment they rented near their main home.
Swilley, present at the scene, disclosed that the apartment was used for encounters with other people, asserting the couple maintained an open marriage. Tammy Warner, Smith's friend and former colleague, was also present during this shocking revelation.
“I still feel like I'm in shock sometimes,” Warner tells PEOPLE. “It just doesn't seem real.”
While loved ones recall Smith as a compassionate and caring friend, some of his acquaintances did not share the same sentiment towards Swilley, describing him as having a challenging personality.
“None of us would have befriended Herb had it not been for Tim,” Smith’s friend Candy Baker tells PEOPLE. “He had a really rough personality. He was very cold.”
Authorities noted Swilley's purported lack of emotion when Smith was found dead, described as being "void of any sadness or despair" in the probable cause affidavit.
Smith's undressed body, discovered with ligature marks, blunt force trauma, and a cervical spine fracture, revealed a harrowing crime scene. A toxicology report disclosed a dangerous overdose of diphenhydramine, a Benadryl ingredient.
Within 24 hours of Smith’s discovery, friends claim Swilley and his daughter were disposing of Tim’s belongings, raising suspicions among those close to Smith.
“I was like, ‘What is going on?’ You didn't want to believe it, but deep down in the back of your mind, you're like, ‘This is really not looking good. This is making him look like he's done something,’” Warner says.
For over seven months, authorities pursued leads, leading to Swilley's arrest on Nov. 2, 2023, on charges of premeditated first-degree murder and tampering with evidence. Swilley has pleaded not guilty.
Authorities allege Swilley killed Smith at their primary residence, then transported the body to the apartment, fabricating a “mock crime scene,” as detailed in the affidavit.
“I have cried more than I have from the beginning, because now I couldn't call Tim,” Baker says. “That was the first person I wanted to call and say, ‘We got him.’”
Investigations revealed Smith was a victim of domestic violence, planning to move to a different county for a new job without Swilley. Swilley was also the beneficiary of Smith’s $333,000 life insurance policy.
Friends and family, relieved after the arrest, are still grappling with the revelation of abuse in the relationship.
“I had no idea about the abuse,” Baker says. “Tim was so good and loving — not just to people he knew, but to strangers. Looking back, maybe it was because he lacked love at home, and that part breaks my heart.”
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