Herbert Swilley allegedly snapped victim's neck after giving him huge dose of allergy, sleep meds
Florida man accused of poisoning spouse in $333K insurance plot arrives in jail
Herbert Swilley is accused of administering a dose of diphenhydramine 30-times larger than recommended before snapping the victim's neck, according to the Marion County Sheriff's Office.
A Florida man who raised thousands on GoFundMe after his spouse's murder also stood to gain $333,000 in life insurance payouts, according to the Marion County Sheriff's Office, which arrested him in connection with the slaying over the weekend.
Authorities allege that Herbert Swilley, a 55-year-old handyman, allegedly dosed Timothy Smith, 59, with 30-times the recommended amount of diphenhydramine, the active ingredient in allergy medicines like Benadryl as well as sleeping aids like ZzzQuil. Then, he allegedly strangled him so hard he broke his neck.
Authorities identified Swilley as a suspect back in August and spent months building the case against him. Since then, they have unearthed evidence of a history of domestic violence before the slaying, an alleged cover-up attempt and a financial motive.
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An image provided by the Marion County Sheriffs Office shows Herbert Swilley, a 55-year-old handyman, arriving at the county jail on Friday, Nov. 3, after his arrest on murder charges in the slaying of his spouse, Timothy Smith. (Marion County Sheriffs Office)
Now, they are alleging that he staged the crime scene, hid evidence and had "pretended to be cooperative" early in the investigation.
The murder happened after Swilley allegedly learned the victim planned to leave him in the overnight hours between March 23 and 24, according to authorities.
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While under the drug's influence, Swilley is accused of choking Smith with so much force it broke his neck, according to the sheriff's office.
Watch the perp walk as Swilley arrives at the Marion County Jail
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After the crime, Swilley allegedly went to great lengths to cover it up, the sheriff said.
He allegedly drove Smith from their home to another apartment and staged a crime scene, then cleaned up. Authorities say he went home, took Smith's car and drove it to the fake scene before walking home and deleting data from their Ring camera system.
The Marion County Sheriff's Office in August said that Herbert Swilley, left, was a suspect in the death of his husband, Tim Smith, right. (Tim Smith/Facebook)
"Then, a few hours later, Swilley drove to the landfill where he dropped off what appeared to be two carpets from their residence before going about his day," the sheriff's office said in a statement.
In a March interview with investigators, Swilley allegedly gave misleading, false and contradictory information, authorities said. They asked to interview him again, and his attorney told them that would only happen if he were granted immunity from prosection for Smith's murder.
Swilley has written publicly about Smith's death several times on Facebook, first announcing that "my dearest friend and partner Tim Smith passed away unexpectedly" and writing that "[It's] hard not having you to talk to. But I still talk to you."
The Marion County Sheriff's Office alleges that Herbert Swilley, left, drugged Timothy Smith, right, with 30-times the recommended dose of diphenhydramine and then choked him so hard he broke his neck in a $333,000 life insurance plot. (Herbert Swilley/Facebook, Marion County Sheriff's Office)
In April, Swilley solicited more than $2,200 in donations through GoFundMe to cover the expenses of a "celebration of life."
Additionally, when the sheriff's office officially labeled him a "suspect" in August, he wrote that "You will always be in my heart and thoughts," and that he was going out to dinner with his daughter to mark their anniversary.
On Saturday, deputies booked him into the Marion County Jail – where he is now being held without bond on charges of first-degree murder and tampering with evidence.
Michael Ruiz is a reporter for Fox News Digital. Story tips can be sent to
