A Florida man went before a judge in Marion County Saturday, after he was accused of killing his husband in their Ocala apartment back in March, officials said.
Herbert Swilley, 55, was arrested and accused of first-degree murder after his husband 59-year-old Timothy Smith was discovered by deputies on March 23, drugged, beaten and choked to death.
Swilley was arrested on Nov. 3 at about 8 a.m. after the Marion County Sheriff's Office obtained a warrant for his arrest.
According to authorities, Smith had a dark ligature mark on his neck and blunt-force trauma to his face and genitalia. Through the investigation, it was discovered that he was also dosed with a large amount of diphenhydramine that was 30 times higher than the normal therapeutic dose. He was then choked to death after investigators found an unknown ligature and fracturing on his cervical spine.
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Investigators believe Swilley then staged a fake crime scene by taking Smith's body from their home to an apartment the couple also shared and then tried to destroy the evidence with household cleaners.
Deputies also said that Smith had been previously abused by Swilley and that Smith was trying to leave the relationship just before his murder.
Deputies believe Swilley’s allegedly killed his husband because he stood to gain $333,000 from Smith’s insurance policies.
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Swilley has also been charged with tampering with evidence in a criminal proceeding and is being held without bond.
His next court appearance is set for next month on Dec. 5.
