Ocala, FL – A Florida man is facing trial after prosecutors say he murdered his husband, staged the crime scene, and attempted to profit from the tragedy by starting a GoFundMe page for a “celebration of life.” The trial began Monday with opening statements outlining the events surrounding the death of Timothy Floyd Smith, 59, and the actions of his husband, Herbert Kurt Swilley, 55.
Alleged Murder and Staging of Crime Scene
According to the prosecution, Swilley administered a massive dose of diphenhydramine, an antihistamine, to Smith on March 23, 2023, as the couple settled in at their home. After Smith passed out, Swilley allegedly beat him and strangled him, breaking his neck in the process.
Prosecutor Amy Beth Berndt told the jury that Swilley then moved Smith’s body to another apartment and staged the scene to implicate another sexual partner. Remarkably, Swilley later created a GoFundMe page to raise money for Smith’s “celebration of life,” which authorities say was eventually removed.
Marital Tensions and Motive
Berndt described a tumultuous marriage, with Smith acting as the couple’s breadwinner while Swilley, working as a handyman, depended on Smith’s income. “Over time, Swilley grew bitter,” Berndt said. Both men had struggled with alcohol but turned to Alcoholics Anonymous.
Prosecutors noted that Smith was seeking a new job in another county, which would give him the opportunity to leave Swilley. Swilley allegedly expressed anger and a sense of betrayal, telling a friend, “If Tim thinks he’s leaving me… he’s got another thing coming.” Berndt added that Swilley felt Smith owed him and decided the only solution was to kill him.
Financial motives were also cited. Swilley was the beneficiary of a $333,000 life insurance policy and a $48,000 retirement plan in Smith’s name.
The Attack and Immediate Aftermath
Prosecutors said Swilley planned the murder carefully, choosing diphenhydramine to ensure Smith could not resist. After the alleged attack, Swilley staged the second apartment to mislead investigators, and the events unfolded while his teenage daughter was in the home. He reportedly instructed her to remember nothing of the night’s events.
In the days following, Swilley attended AA meetings appearing nervous and fidgety, claiming he had no knowledge of Smith’s whereabouts. It was only after the landlord allowed the sheriff’s office into the apartment that Smith’s body was discovered.
Defense’s Opening Statement
Defense attorney John Nicholas Klein presented a different narrative, claiming that Smith had used the couple’s secondary apartment for sexual encounters and had blocked his location on the Life360 app to prevent Swilley from tracking him. Klein alleged that DNA evidence suggested other individuals may have been present in the apartment, raising reasonable doubt about Swilley’s involvement.
Klein emphasized that there was no evidence placing Swilley at the apartment during the time of Smith’s death, and prior charges of tampering with evidence were dropped.
Charges and Trial Details
Swilley is currently charged with first-degree premeditated murder, though prosecutors are not seeking the death penalty. The trial will continue with witness testimonies, forensic evidence, and further examination of both the prosecution’s and defense’s claims.
Community Reaction and Context
The case has shocked the Ocala community due to the alleged brutality of the crime and the attempt to profit from Smith’s death through fundraising. Residents are closely following the trial, which highlights domestic violence, premeditated murder, and fraud.
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