A Florida man who raised thousands of dollars on a GoFundMe page following the death of his husband was arrested after police said he violently killed his spouse and then staged a fake crime scene.
HerbertSwilley, 55, was taken into custody Friday, months after his husband, Timothy Smith, was found dead in their Ocala apartment on March 25, the Marion County Sheriff’s Office said.
An investigation found that at the time of his death, Smith had 30 times more than the "normal therapeutic dose" of diphenhydramine, an ingredient found in Benadryl.
He also had blunt force trauma to his face and genitalia and a dark ligature mark on his neck, the sheriff's office said in a Facebook post on Friday, sharing a video of Swilley being escorted to the jail.
Swilley was charged with first-degree premeditated murder and tampering with evidence. His attorney could not immediately be reached for comment on Tuesday.
Smith's sister, Sandy Riels, said Swilley's arrest was "bittersweet" but long overdue.
"It was bitter because it reminded me that I didn't have my brother anymore," she said in a phone call Tuesday. "And then joy because he had been finally arrested."
Riels said there were "red flags" surrounding the death. Swilley never called the family to tell them what happened. Instead, they learned of Smith's death via a Facebook post from his husband, she said. Riels also accused Swilley of giving her contradicting information.
"He was telling me that they both had keys [to their apartment] but Tim had took the key back. Then he said, no he gave it back to me. He changed his story about this key three or four times," Riels said. "And I was like, 'This is not right.'"
Riels said she took her concerns to law enforcement.
Deputies were called to the couple's apartment on the morning of March 25 to conduct a welfare check after Smith, 59, failed to show up for work the day before, the sheriff's office said in a news release. His body was found inside the residence, according to authorities, who said he had "suffered a violent attack."
Investigators spent the next several months combing through video surveillance and speaking with people who knew the couple. Initially, Swilley cooperated with the investigation and gave detectives a statement.
It was later determined that his statement was "false, self-serving, or contradicted by other evidence," the sheriff's office said. Swilley stopped cooperating and his attorney told detectives that he would speak with them again if he was given immunity from prosecution in Smith's murder.
Authorities also learned that Smith was an alleged victim of domestic abuse from Swilley.
Riels said she was unaware of any alleged abuse, but said that Smith's relationship with Swilley had driven a wedge between her and her brother.
"We didn't want to be around Herbert," she said. "We just had a bad feeling and we just didn't like him. He was real arrogant."
On Aug. 8, Swilley was named a suspect in the case and his daughter, Jordan Swilley, was named a person of interest. That same day, Swilley posted a Facebook tribute wishing his late husband a happy anniversary.
"I know you are up there looking down on us and taking care of us. You will always be in my heart and thoughts," the post read. "To be honest, I miss you every day and wish you were here. Life isn’t the same without you. I miss your smile and your loving spirit."
He also set up a GoFundMe and raised more than $2,200 in donations for a "celebration of life," according to NBC affiliate WFLA of Tampa. A GoFundMe spokesperson said the page has been removed and all donors were refunded.
A sheriff’s office spokesperson said Wednesday that Swilley's daughter was no longer a person of interest in the case. She declined to comment when reached by phone on Tuesday.
As the investigation continued, authorities learned that on the night of March 23 or early in the morning on March 24, Smith was given "a large amount" of diphenhydramine "that was 30 times higher than the normal therapeutic dose," the sheriff's office said Friday.
Diphenhydramineis anantihistamine that is commonly used to treat cold and allergy symptoms and is found in Benadryl, Unisom, and over-the-counter medications including Tylenol PM, according to the National Institute of Health.
After Smith was dosed, authorities allege Swilley choked his husband to death "with an unknown ligature," fracturing his cervical spine. Swilley then used his vehicle to move the body from their home to a nearby apartment they had.
Swilley allegedly "staged a fake crime scene" inside the apartment, the sheriff's office said. He's also accused of trying to destroy evidence with household cleaning products.
Swilley drove back to their home and swapped cars, driving his husband's vehicle to the apartment, according to authorities. He then walked back to their home where he allegedly deleted footage from their Ring camera.
A few hours after the murder, Swilley drove to a landfill and discarded two carpets "before going about his day," authorities said.
The sheriff's office said that shortly before being killed, Smith had found a new job in another county and was planning on moving there without Swilley. Investigators also learned that Swilley was listed as Smith's beneficiary on his life insurance policies, which totaled $333,000.
Riels said she does not want her brother to be remembered for what happened to him, saying that he always "tried to do good in the world."
"He was kind-hearted. He was funny, he was so funny and he would light up a room when he walked into it," she said. "Tim was a good person."
Swilley remains jailed and is scheduled to appear in court next month.
