OCALA, Fla. (Court TV) — A Florida man has been convicted of first-degree murder in the death of his husband, who investigators said was drugged, beaten and strangled before his body was moved to stage a fake crime scene.
Herbert Swilley was immediately sentenced to life in prison without parole following the verdict. Swilley was arrested on November 3, 2023, for the murder of 59-year-old Timothy Floyd Smith. The couple had been married nearly eight years when Smith was found dead in an Ocala apartment in March 2023 after he failed to show up for work.
Herbert Swilley booked in the Marion County Jail on Nov. 3, 2023. (Marion County Sheriff’s Office)
Deputies found Smith deceased in an apartment with a dark ligature mark on his neck and blunt-force trauma to his face and genitalia, according to the Marion County Sheriff’s Office.
An investigation revealed Smith was given a massive dose of diphenhydramine — an ingredient in Benadryl and Unisom — that was 30 times higher than the normal therapeutic dose. Prosecutors alleged Swilley then strangled Smith and fractured his cervical spine.
After killing his husband, Swilley allegedly moved Smith’s body from their home to a nearby apartment the couple maintained. According to the arrest warrant, Swilley said the couple had an open marriage and used that apartment “for the purpose of sex with other parties they would meet via social media.”
At the second apartment, investigators said Swilley staged a fake crime scene and attempted to destroy evidence using household cleaning agents. He then returned to their residence and drove Smith’s vehicle back to the apartment where he had left it before walking home.
Prosecutors alleged Swilley killed Smith to access his life insurance policies totaling $333,000. Swilley also posted on GoFundMe, announcing Smith’s funeral and reportedly raised a couple of thousand dollars.
DAILY TRIAL UPDATES
DAY 5 – 9/19/25
- LIVESTREAM: FL v. Herbert Swilley – Day 5 | Dosed & Choked Murder Trial
- The jury deliberated for a little less than two hours before returning a verdict.
DAY 4 – 9/18/25
- Sgt. Daniel Pinder, the lead detective on the case, was recalled to the stand to review surveillance footage and Swilley’s phone data.
- On cross-examination, Pinder was questioned about the lack of geolocation data from Jordan Swilley’s phone, which was obtained 8 months after Smith’s murder.
- Forensic pathologist Tracey Corey testified that at the time of his death, Smith had a therapeutic level of acetaminophen and 2000 nanograms per milliliter of diphenhydramine in his system.
- Testified that Smith’s neck was broken when he was strangled.
- Testified that Smith died from trauma to the neck, associated with both ligature asphyxia and the broken neck.
- Determined the manner of death was homicide.
- WATCH: Medical Examiner Says Victim ‘Tim Smith’s Neck Has Been Broken’
- The state rested its case-in-chief following Corey’s testimony.
- The defense recalled Jordan Swilley, the defendant’s daughter to the stand as their first witness.
- Jordan was questioned about when investigators first processed the marital home where the family lived and the land assets she sold after her father’s arrest.
- Rebecca True, ex-wife of James True (defense’s alleged alternative suspect), testified about her history and experiences with James True, his whereabouts during critical dates, and incidents demonstrating his instability and violence.
- She has known James True for 33 years, was married in January 2023.
- On June 28, 2023, detectives visited her home in Parkland, FL.
- She drove a 2022 silver Volvo XC60; James True drove a 2004 black Cadillac Escalade EXT with a breathalyzer installed due to his alcoholism.
- Regarding March 23-25, 2023 (incident dates): Rebecca was in Marco Island; James was not with her. Her Volvo would have been available for James to use; he preferred it because his car required sobriety to operate. She had photo/video evidence of James at their marital home March 23 (5pm) and morning of March 24 (9:30am).
- No recollection or evidence of his whereabouts otherwise.
- Details of marriage breakdown:
- Divorced due to James’s extramarital affair and alcoholism.
- Divorce process was tumultuous: James damaged the home, broke into her locked bedroom, destroyed cameras, and engaged in disturbing conduct (vomiting, defecating).
- Previously physically assaulted Rebecca; multiple restraining orders issued.
- James threatened her life and his own; he was charged with aggravated stalking and pled guilty.
- Matthew R. Behler, friend of Tim Smith and Herbert Swilley, testified about his interactions with Tim Smith on Grindr, the context of their friendship, and clarified he was not involved in Smith’s death.
- Met Tim Smith and Herbert Swilley in 2019.
- Communicated briefly with Tim Smith on Grindr in spring 2023; exchanges stopped shortly before learning of Smith’s death via Facebook post on March 25.
- Discussed but never acted on a fantasy meeting at an apartment Smith and defendant had for sexual encounters (the “Daddy Den”).
- Did not have sex with Tim, never went to the apartment, and denied involvement in Smith’s death.
- Amy S. Counts, neighbor who claims she heard screaming and noted suspicious vehicle/person traffic at the house prior to the murder.
- Shared what she heard near March 23-24: Heard loud yelling/screaming, possibly a child, late night (around 11pm Friday), from the direction of the incident, but couldn’t identify source.
- Reported unusual increase in vehicle traffic “months” before the homicide; it abruptly stopped afterward.
- Noticed a person with yellowish dyed hair walking regularly before incident, never saw them again after.
- Person was quiet, avoided interaction, typically walked along the back of the neighborhood.
- Danielle Velez, neighbor at quadruplex where defendant and Tim Smith had a secondary apartment for sexual encounters.
- Testified about activity at the quadruplex, specifically the use of Unit C and the traffic at the apartment leading up to the incident.
- Knew the defendants mostly through casual contact, knew Swilley better than Smith.
- Multiple, unfamiliar vehicles visiting at night while defendants used the residence; obvious increased traffic.
- Observed Smith’s white Jeep parked overnight on an occasion which was unusual.
- Had children in her unit and was concerned about the activity next door but was not allowed to elaborate in court.
- Defense rested, defendant Herbert Swilley declined to testify.
DAY 3 – 9/17/25
- Amy Beshears, former employee at Soul Essentials in Ocala, testified about her interaction with the defendant immediately after Tim Smith’s death.
- She recounted how Herbert Swilley came to her store on March 30, 2023, attempting to donate his recently deceased husband’s belongings, including books and tarot cards, only days after death; all behavior she found unusually swift and emotionally distant.
- Beshears explained that she discovered journals and photographs linking the items to Tim Smith and, after seeing a murder notice on Facebook, connected the donation to the homicide.
- She described feeling unsettled by the defendant’s conduct and ultimately contacted law enforcement to share what she had found.
- Lloyd J. Kelly, identified through DNA as a possible contact, testified via Zoom from Virginia about his lack of connection to the crime.
- Kelly, currently on probation, admitted to using apps to meet men for anonymous sex but adamantly denied knowing or killing Tim Smith.
- He clarified his timeline in Florida and incarceration dates; defense counsel explored these records and confirmed his jail status at the time of the crime.
- Lisa Johnson, forensic DNA analyst (former FDLE), provided expert analysis of DNA evidence concerning Tim Smith’s homicide.
- Johnson detailed how most swabs and items tested (from Tim Smith’s body and scene) either contained only Tim’s DNA or yielded mixtures too limited for conclusive interpretation, except for a few where multiple contributors were identified.
- She testified that the only item with foreign DNA consistently identifiable was a lubricant bottle cap, which yielded a CODIS hit for Lloyd Kelly; no direct DNA evidence tied the defendant to foreign material on the most relevant items.
- Mixtures on some adult items included both the defendant and third party James True, but the findings were either inconclusive or reflected expected DNA due to the household’s sexual practices.
- Overall, Johnson underscored the lack of dispositive DNA evidence connecting the defendant to homicide, and the defense pressed on contamination and interpretation limits.
- Candace Baker, close friend of both Tim Smith and Herbert Swilley, gave critical testimony about the defendant’s behavior after Tim’s death.
- Baker described long-standing social ties and frequent visits with Tim and Herb, as well as noticing significant changes and a sense of urgency in discarding Tim’s belongings within days of his death.
- She witnessed Herbert and his daughter Jordan rapidly emptying the house of Tim’s personal property, including family photos, and stated that when questioned,
- Herbert declared, “Now I’m finally going to get the house I always wanted,” and said he needed to find the insurance paperwork to “get [his] money.”
- She recounted the defendant’s insistence on cleaning Tim’s Jeep and removing fingerprints, his focus on insurance money, and his emotionally flat or odd demeanor in the wake of the homicide.
- Baker also recalled being told to avoid discussing Tim’s death and described feeling deeply unsettled, which ultimately drove her to end contact and notify law enforcement.
- Jordan Swilley, adult daughter of the defendant, described life in the home before and after Tim Smith’s death, and provided insight on her father’s actions and mindset.
- Jordan testified to escalating tensions and arguments between Tim and her father, being unaware of their open relationship, and her own financial dependency on them due to her young age and work status.
- She provided a detailed account of the night before Tim’s disappearance, the noise she heard, and her father’s statement instructing her to say she “hadn’t heard anything” if asked.
- Jordan described participating in throwing away Tim’s belongings immediately after his body was found upon her father’s instruction, and testified to multiple discussions where her father frequently said he needed the life insurance money.
- She explained her role in selling off family property as her father’s power of attorney after his arrest, using proceeds for basic living expenses, and her overall lack of independent means.
- MORE: Herbert Swilley’s daughter testifies father told her to lie
- Victor Garner, friend of both Tim and Herb and former wedding caterer, spoke about post-homicide interactions with Swilley.
- Garner recounted Swilley’s struggles with finances after Tim’s death, including liquidating assets, and repeated references to awaiting life insurance proceeds for household expenses and a planned family vacation.
- Swilley mentioned plans for using insurance money for a family trip and even suggested that Garner quit his job to travel with them, an idea Garner felt was not a joke.
- He described the defendant’s demeanor as upbeat and focused on future plans despite the recent homicide.
- William “Darrell” Levine, friend and AA group member, described conversations with the defendant immediately before and after the death.
- Levine revealed that Swilley was angry and spoke ominously about being left “with nothing” if Tim took a new job out of town.
- After Tim’s death, Levine observed that Swilley discussed the incident in the past tense and became defensive, blaming accusations on his sexuality.
- Levine relayed Swilley’s efforts to follow Tim’s last movements, and noted that Swilley was using Grindr and appeared socially active soon after the homicide.
- Swilley allegedly told Levine police would “never be able to prove” anything against him and brushed off direct questioning over involvement in Tim’s death.
- Sgt. Daniel Pinder, lead detective, synthesized the digital and physical evidence in the case.
- Pinder corroborated, using cell phone data and surveillance, that Tim Smith’s phone and the defendant’s distinctive white pickup truck both left their residence for the apartment where Tim’s body was found at approximately 1:58–1:59 am—matching timeline, geolocation, and physical evidence.
- He detailed how Tim had no meetings planned after the evening of March 23 and that no significant communications or movements occurred after 9:45 pm on his devices.
- Surveillance video from a neighbor tracked the defendant’s truck departing northbound at the critical time, in tandem with Smith’s phone location data showing movement.
- Pinder’s review of the contents of Smith’s devices and correspondence revealed no evidence of another party planning a late-night meeting or involvement; all digital indicators pointed to Tim being at home with Swilley immediately before his death.
Financial and insurance investigation elements further established motive, showing financial stress and life insurance as potential drivers.
DAY 2 – 9/16/25
- WATCH: Dosed & Choked Murder: Witnesses Provide Insight to Defendant’s Marriage
- Raul Pennington testified that Tim Smith was both a client at his salon and someone he knew through female impersonation shows, and that Tim Smith and Herbert Swilley were married with a daughter named Jordan.
- Pennington described Tim Smith as the more outgoing partner and said the couple regularly hosted networking Christmas parties at their home, attended by a mix of friends and professionals.
- He confirmed that he reached out proactively to law enforcement during the investigation.
- Diane Dylewski, a family attorney, met Tim Smith at AA meetings, socializing with both Tim and Herbert Swilley at meetings but not outside.
- She hired Herbert for handyman work in May 2022, describing his demeanor as extremely angry and hostile whenever he discussed Tim, repeatedly calling Tim “lazy” and insisting that Tim “owed” him financially and emotionally.
- Dylewski testified that Herbert’s angry comments about Tim and their relationship were consistent and occurred on each visit to her home.
- After Tim’s murder, she contacted the Sheriff’s Office to provide details about the couple’s troubled relationship.
- Jessica Hendrix knew Tim Smith and Herbert Swilley through AA, and hired Herbert to install a salon sink a month before Tim’s death.
- While performing the work, Herbert spent seven to eight hours venting about his relationship with Tim, expressing anger and frustration that Tim could not “take anything” from him and that his own “sweat equity” would be protected.
- Hendrix noted that the relationship seemed to be ending, as Herbert insisted he “did all of it” regarding work and finances and repeatedly claimed Tim would not be able to claim any assets in a separation.
- After learning of Tim’s death, she reported these conversations and Herbert’s demeanor to police.
- Michael Horton, Jessica’s ex-boyfriend, corroborated Herbert’s angry and upset demeanor during the sink installation, stating Herbert spoke extensively about their relationship problems and fears about property division.
- Herbert revealed to Horton that Tim might be seeking a job outside Marion County, and seemed unhappy about this possible move.
- Horton stated he did not know the couple was separating until Herbert confided in him during this conversation.
- He reported these interactions to police after Tim’s death.
- Nina Corsi (Sinceri Care Management) detailed the executive recruitment process for assisted living communities and described how Tim Smith was a top candidate for an executive director position in DeLand, requiring relocation and offering competitive compensation close to his current salary.
- Corsi was surprised Tim wanted to leave his position at Brookdale in Ocala, where he was well established.
- She had routine, positive, and excited communication with Tim leading up to a March 24th, 9 a.m. scheduled Zoom interview, which Tim missed due to his death.
- Upon learning of Tim’s passing, Corsi contacted authorities to share all relevant information.
- Tammy Warner, a Brookdale colleague, confirmed Tim Smith’s reliability, daily presence at work, and responsiveness by text.
- On March 24, after Tim failed to appear at work and could not be reached, Warner contacted Herbert, who told her he had been asleep when Tim left and that each family member had their own bedroom.
- Herbert mentioned the couple had an apartment used for sexual encounters with other men, which Warner was unaware of prior to that day.
- Warner physically went to the apartment, found Tim’s parked Jeep but could not gain entry; subsequent concern led to well-being checks and ultimately discovery of Tim’s body.
- Warner described the Jeep as “spotless” two days after Tim’s death, and testified Herbert told her he cleaned it to avoid giving police “ammunition” against him.
- Det. Kyle Shaw responded to Herbert’s request for a well-being check at the apartment, finding Tim’s Jeep there but no indications of an emergency; he did not force entry based on the circumstances.
- Shaw noted Herbert’s demeanor was normal and not alarmed, explaining that Tim might leave with clients and that Herbert did not have a key to the apartment.
- Shaw later transported Herbert to jail after his arrest.
- Kevin Branch, an AA sponsor to Herbert, confirmed both Tim and Herbert’s regular attendance at meetings, awareness of their open relationship, and socializing with other AA members including dinner and holiday gatherings.
- Branch observed Herbert appeared visibly upset and flushed at a March 24 AA meeting, and that Tim was absent from a meeting he normally would have attended.
- Herbert told Branch that he and Tim were having a disagreement and were not speaking, and that Tim’s location was unknown.
- Branch advised Herbert to contact law enforcement for a wellness check, and testified that Herbert said he could not access Tim’s apartment but had removed Tim’s pink gun from Tim’s Jeep out of concern for possible suicide.
- Landlord Jack Scharfschwerdt confirmed Tim Smith was sole leaseholder for the apartment, received two keys, and always paid rent in cash.
- Shortly after Tim moved in, Herbert requested to make improvements, and did substantial handyman work in the unit.
- On March 25, Scharfschwerdt responded to Herbert’s request to unlock the apartment for law enforcement, as Herbert claimed to have lost his key.
- Upon entry, Herbert expressed concerns that Tim was “not always selective” about whom he spent time with and feared Tim could have been harmed; Scharfschwerdt described Herbert’s reaction as upset but not overly emotional.
- Deputy Jason Hunt responded to the March 25 well-being check, received the key from the landlord, and entered the apartment where he found Tim Smith deceased, with clear marks on his neck indicating violence.
- Hunt described Herbert as showing little reaction to news that Tim was dead and did not ask about circumstances or details regarding Tim’s condition.
- Hunt and other detectives processed the crime scene and reviewed the apartment as a possible scene of foul play.
- Crime scene technicians documented a chemical (bleach) smell strongest near Tim’s body, with evidence of cleaning and personal items placed in the washing machine (phone, Jeep key, etc.), and physical evidence including sex toys, lubricants, and fingerprint/DNA swabs collected throughout.
- Sgt. Daniel Pinder (Lead Detective) testified extensively about Herbert’s account: Herbert claimed to have last seen Tim at 9:30 p.m. March 23 at home, heard a noise at 11 p.m. but did not investigate, woke up early for gym and handyman work, returned to find Tim and Tim’s Jeep gone.
- Herbert said he texted Tim throughout the day but did not attempt a call and only became concerned when informed by Tim’s workplace that Tim was missing.
- He described the apartment as a recreational space used by both men for sexual encounters; both used dating apps and kept personal items out of sight.
- Herbert repeatedly claimed he lost his apartment key—then days later reported finding it in his trailer.
- Pinder identified multiple inconsistencies: surveillance images showed Herbert’s truck missing from their home during early morning hours contrary to his account, and later reappearing with a male figure near it.
- Herbert stated the images were technical errors and denied moving the truck but later admitted the truck, trailer, and himself went to the landfill that morning.
- No witnesses or license plate reader hits directly placed Herbert at the apartment during the relevant period; after initial cooperation, Herbert ceased providing access and secured an attorney.
- Pinder ruled out other suspects through DNA and cell phone data analysis, including James True and Lloyd Kelly.
- Tim Shively provided surveillance video from Triple Crown Trailers at law enforcement’s request, noting a minor timestamp discrepancy.
- Masud Ahmed supplied pump-facing surveillance footage from Lake Weir Marathon station, and confirmed the system was secure, untampered, and accurately timestamped.
DAY 1 – 9/15/25
- In their opening statement, the prosecution alleged Swilley killed his husband of more than seven years in 2023 to collect a combined $381,000 in insurance and retirement funds as their marriage unraveled.
- Smith, 59, a well-liked executive at an Ocala assisted living facility, was the household breadwinner, and Swilley, 57, relied on him financially, Assistant State Attorney Amy B. Berndt said.
- WATCH: State: Swilley Staged Husband’s Murder As Sexual Encounter Gone Wrong
- She told jurors they will hear that five days before Smith’s death, Swilley told a friend, “If Tim thinks he’s leaving me and taking a new job in DeLand, he’s got another thing coming.” She said Smith named Swilley the beneficiary of a $333,000 life insurance policy and about $48,000 in retirement funds.
- Berndt told the Marion County jury that Swilley drugged Smith with diphenhydramine — the sedating ingredient in Benadryl and Tylenol PM — at roughly 30 times a typical therapeutic level, then strangled him with a ligature, breaking his neck.
- After the killing, Berndt said, Swilley moved the body to a secondary residence, an Ocala apartment the couple used for sexual encounters, separate from the larger family home where the defendant’s daughter lived.
- Berndt said Swilley then staged a scene at that apartment to look like Smith was killed during a sexual encounter that turned violent, telling jurors, “He takes bleach and sprays Tim’s body and all around him, and takes some towels to make it look like somebody tried to erase the DNA.”
- The unit, she said, contained a sex swing, a massage table and a toolbox of sexual paraphernalia. Both sides referenced dating and hookup apps, including Grindr and Adam4Adam, as the platforms through which encounters at the apartment were arranged.
- Berndt also told jurors that Swilley’s adult daughter asked her father the morning after the killing, “Where’s Tim?” and was told by Swilley that he didn’t know. Then Swilley allegedly asked Jordan if she had heard anything the previous night, to which she replied, “I thought I heard a door or something.” Swilley then allegedly told his daughter, “You didn’t hear anything. That’s all you need to remember,” and added, “If anybody asks, I was home all night.” Jordan A. Swilley is expected to testify.
- The defense countered with claims that detectives improperly fixated on Swilley as a suspect, and that Swilley’s husband, Timothy F. Smith, had recently become distant and, as part of their “open marriage,” had been arranging dating-app meetups at a secondary residence with increasing frequency, leaving the door open for alternative suspects and reasonable doubt.
- Defense attorney John N. Klein IV said the lead detective “had made up his mind that it was my client” and did not fully pursue other leads. He said the couple had an open marriage and that, in the weeks before Smith’s death, only Smith used the apartment, which was in his name. Swilley had used it previously but had lost his key, he said.
- WATCH: Defense Opening: No Proof Herbert Swilley Was at Scene When Husband Died
- Klein said neighbors reported extra vehicle traffic coming to and from the apartment complex and at least one young white male with blond hair walking around the neighborhood, and that after Smith’s body was found, the extra traffic and that person were no longer seen.
- Klein said fingerprints and DNA from a lubricant bottle and a sex toy in the apartment matched two other men with criminal records, and that the surveillance video the state cites in its timeline does not show who was driving Smith’s Jeep to the apartment, though prosecutors say cellphone location data matched to camera timestamps linked Swilley to the Jeep’s movements.
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