FL v. Herbert Swilley

Reference TimelineLast updated SEP 19
SUMMARY

Herbert Swilley was convicted and sentenced to life in prison without parole for the premeditated first-degree murder of his husband, Timothy Floyd Smith. Smith was found deceased in March 2023 after being drugged, strangled, and suffering a fractured cervical spine. Swilley allegedly moved the body, staged a fake crime scene, and attempted to destroy evidence. He is currently serving his life sentence.

Timeline

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Timeline of developments

September 2025 2 developments

  1. After a week of testimony, a jury finds Herbert Swilley guilty of premeditated first-degree murder.

    After a week of testimony, a jury finds Herbert Swilley guilty of premeditated first-degree murder.

January 2024 1 developments

  1. Further investigation reveals Timothy Smith was drugged with a massive dose of diphenhydramine, stra…

    Further investigation reveals Timothy Smith was drugged with a massive dose of diphenhydramine, strangled, and suffered a fractured cervical spine; Swilley is also identified as the beneficiary of a $333,000 life insurance policy on Smith.

November 2023 2 developments

August 2023 1 developments

  1. Authorities publicly identify Herbert Swilley as a suspect in Smith's murder, noting his refusal to cooperate with investigators without immunity.

    Authorities publicly identify Herbert Swilley as a suspect in Smith's murder, noting his refusal to cooperate with investigators without immunity.

March 2023 2 developments

  1. An autopsy is performed on Timothy Smith, revealing signs of trauma, including ligature marks and blunt-force trauma, and the presence of cleaning chemicals at the scene.

    An autopsy is performed on Timothy Smith, revealing signs of trauma, including ligature marks and blunt-force trauma, and the presence of cleaning chemicals at the scene.

  2. Timothy Smith is found deceased in an Ocala apartment during a welfare check after he failed to report to work; Herbert Swilley contacts the Marion County Sheriff's Office.

    Timothy Smith is found deceased in an Ocala apartment during a welfare check after he failed to report to work; Herbert Swilley contacts the Marion County Sheriff's Office.