Trial pushed back for Marion County man accused of drugging, killing husband & covering up evidence

MARION COUNTY, Fla. — A Marion County man was murdered nearly one year ago, and his family isn’t wavering in their fight for justice.

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Herbert Swilley is accused of killing his husband, Timothy Smith, then trying to cover up the evidence by creating a fake crime scene. His trial was supposed to begin this month.

It took eight months just to see Swilley behind bars. Now it looks like it’ll be even longer before they can get closure for his death that they believe Swilley planned as a way to get money. His sister, Sandy Riels tries to stay strong.

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“I’m just thankful that it’s starting to happen, so to speak. The closer we are to getting justice for Tim... that’s my main concern,” said Riels.

Deputies say Swilley drugged him and then choked him to death. Investigators believe Swilley drove Smith’s body to an apartment they shared in Ocala and staged a fake crime scene to destroy evidence.

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Investigators said Swilley stood to profit from his husband’s death. He was listed as the beneficiary on Smith’s life insurance policies for about 330,000 dollars. They also said Smith was close to getting a new job and was planning to move to another county without his husband.

Shortly after Swilley’s arrest -- his real financial situation was revealed. The attorney who originally represented both Swilley and his daughter and asked for Swilley’s immunity in exchange for his cooperation backed out his first time in from of a judge. It left him with little choice but to get a public defender.

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He’s pled not guilty, and the state isn’t seeking the death penalty, but he could still face life in prison. While jury selection was supposed to start Monday, Swilley waived his right to a speedy trial this week. His public defender asked for more time to prepare the case.

“I’m trying to do everything i can to prevent him from gaining anything monetary from Tim’s death because that was his end goal was to get all of it,” said Riels.

Investigators say Swilley’s motorhome was also burnt to the ground late last year after he had trouble obtaining the life insurance claim from his husband. Channel 9 reached out to the state attorney’s office for comment on the delays, but they weren’t immediately available for comment. The next pre-trial conference will likely be at the end of July.

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