Herb Swilley: Florida man charged with drugging and killing husband for hefty insurance payout

Warning: This article contains a recollection of crime and can be triggering to some, readers’ discretion advised.

OCALA, FLORIDA: The once happy relationship of Timothy Smith and Herb Swilley took a somber turn when one of them was found dead.

Smith was discovered dead in a Florida apartment that the couple had rented near their primary residence. Notably, Swilley emerged as the primary suspect following a police investigation into the death.

Additionally, friends of the couple have expressed shock and concern over Smith's demise.

Police found Timothy Smith's lifeless body

Following the demise of Timothy Smith, his spouse Herb Swilley was apprehended in connection with Smith's death. Smith's lifeless body was discovered earlier this year inside an apartment.

A welfare check was initiated by the police at the apartment when Smith failed to report to work the day before. Swilley was present when authorities made the startling discovery.

He stated that the residence was utilized for physical encounters with other individuals, emphasizing that the couple maintained an open marriage.

Tammy Warner, a friend and former colleague of Smith, was also present at the scene.

Warner shared, "I still feel like I'm in shock sometimes. It just doesn't seem real."

According to the probable cause affidavit, authorities noted that Swilley allegedly exhibited minimal emotion upon the discovery of his husband's death and appeared "void of any sadness or despair".

Upon discovery, Smith was undressed from the waist down, exhibiting a dark ligature mark around his neck and signs of blunt force trauma to his face and genitals, as outlined in the affidavit.

The document further states that he suffered a cervical spine fracture during the attack.

Police reported that a toxicology analysis revealed he had been administered 30 times the recommended amount of diphenhydramine, the active ingredient in Benadryl.

Authorities gathered evidence against Herb Swilley.

Following this, police alleged that Swilley drove to a landfill, where he disposed of what they believe to be two carpets, taking the additional step of allegedly deleting Ring camera footage from that particular night.

Swilley arrested for premeditated first-degree murder

In August, the sheriff's office identified Swilley as a suspect in Smith's death, revealing that his attorney had communicated his willingness to cooperate with the investigation contingent on receiving immunity from prosecution.

“Initially, Swilley pretended to be cooperative with law enforcement and provided them with a preliminary statement but the investigation revealed that many of the things Swilley told investigators were false, self-serving, or contradicted by other evidence,” stated the police.

NBC affiliate WFLA reported that in April, Swilley had raised over $2,200 on GoFundMe for Smith's memorial.

Swilley's daughter, also implicated in the investigation, initially gave a statement but subsequently refused to speak with the police.

In August, when the Marion County Sheriff’s Office identified Swilley as a suspect, he posted on Facebook the same day, commemorating his late husband and marking their anniversary.

"It would have been 8 years we’ve been married. To be honest, I miss you every day and wish you were here. Life isn’t the same without you," Swilley wrote. "I miss your smile and your loving spirit. To let you know, it’s a very hard day. Because I know we would have had a great celebration."

According to authorities, investigators discovered that Smith had experienced domestic abuse in his relationship with Swilley and had plans to relocate to another country after nearing securing a new job there.

The police also noted that Swilley was listed as a beneficiary of Smith’s life insurance policies, totaling $333,000.

For over seven months, investigators pursued leads in the case. On November 2, 2023, suspicions held by some friends regarding Swilley's involvement led to his arrest. Swilley now faces charges and has been taken into custody for premeditated first-degree murder and tampering with evidence. He has entered a plea of not guilty.

Authorities assert that Swilley murdered Smith at their main residence, then moved his body to the apartment, staging a fabricated crime scene as per People.com.