Spouse charged in mysterious ‘brutal’ killing of Florida activist, sheriff says

The “brutal” killing of a Florida community activist in March 2023 was planned and carried out by a spouse who stood to gain hundreds of thousands of dollars, according to the Marion County Sheriff’s Office.

Herbert Swilley, 55, was arrested Nov. 3 and charged with first-degree murder in connection with the death of 59-year-old Timothy Floyd Smith, the sheriff’s office said in a news release.

Smith was last seen leaving work on March 23 and “appeared to have suffered a violent attack prior to his death,” the sheriff’s office says.

His body was discovered March 25 after staff at Brookdale Chambrel Pinecastle in Ocala reported he did not show up for work at the assisted living community. His killing was described as “brutal.”

“Timothy had a dark ligature mark on his neck and blunt-force trauma to his face and genitalia,” the sheriff’s office said.

“Through the investigation, it was established that on the night of March 23, 2023, or in the early morning hours of March 24, 2023, Timothy was dosed with a large amount of diphenhydramine (an ingredient in Benadryl and Unisom) that was 30 times higher than the normal therapeutic dose. Following that, Swilley murdered Timothy by choking him to death with an unknown ligature and fracturing his cervical spine.”

The suspect then drive Smith’s body to another location, “staged a fake crime scene and attempted to destroy evidence using household cleaning agents,” investigators say.

Investigators built their case against Swilley with “video surveillance, electronic evidence, and speaking to people who knew Swilley and Timothy.”

Smith had experienced “domestic abuse” in the marriage and was in the process of accepting a new job in another county so he could leave Swilley, officials said.

“Swilley stood to profit from Timothy’s death, as he was listed as the beneficiary of Timothy’s life insurance policies, which totaled $333,000,” the sheriff’s office said.

Swilley is charged with with premeditated murder in the first degree and tampering with evidence.

Smith was executive director of Brookdale Chambrel Pinecastle, a role he held eight years, according to his obituary. He was also a community activist who worked with the Ocala Walk to End Alzheimer’s, the Marion County Continuity of Care, and the Annual Festival of Trees, the obituary reports.

Ocala is about 80 miles northwest of Orlando.

This story was originally published August 9, 2023 at 5:01 AM with the headline "Spouse charged in mysterious ‘brutal’ killing of Florida activist, sheriff says."