Photo: Marion County Sheriff's Office
The Florida man who was named a suspect in his husband's murder after raising money for funeral expenses is now behind bars. The Marion County Sheriff's Office announced the arrest of 55-year-old Herbert Swilley along with disturbing details surrounding the death of his spouse, 59-year-old Timothy Floyd Smith.
Deputies arrested Swilley for first-degree murder and tampering with evidence Friday morning (November 3) after a warrant was issued earlier that week. He was named a suspect in Smith's brutal killing nearly five months after the victim was found dead in an Ocala apartment on March 25.
Authorities revealed that Smith's body had "a dark ligature mark on his neck and blunt-force trauma to his face and genitalia." Investigators claim Smith was dosed with 30 times the normal recommended amount of diphenhydramine, an ingredient used in Benadryl, on either March 23 or March 24.
The sheriff's office alleges Swilley choked Smith to death and fractured his cervical spine before transporting the body to a nearby apartment they had. They also accused Swilley of staging a crime, deleting surveillance video, trying to destroy evidence with household cleaning products, and dumping carpets from their residence.
Swilley allegedly stood to gain $333,000 from his husband's life insurance policy, according to LCSO. They also revealed that the 59-year-old had previously suffered domestic abuse at Swilley's hands. Before his death, Smith was close to landing a new job and prepared to move to another county with his spouse.
Prior to his arrest, Swilley raised over $2,200 on GoFundMe to cover Smith's "celebration of life." On the same day LCSO announced they're investigating the 55-year-old for murdering his husband, Swilley made a Facebook post celebrating what would've been the couple's 8-year anniversary.
"To my very loving husband, I know you are up there looking down on us and taking care of us," Swilley wrote in the post. "Life isn't the same without you. 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."
The suspect was booked into Marion County Jail and remains held without bond.