On November 3, 2023, Herbert Swilley was arrested by the Marion County Sheriff’s Office Major Crimes detectives for the first-degree murder of his husband, 59-year-old Timothy Floyd Smith. The arrest was made at approximately 8:00 a.m., marking the culmination of a comprehensive investigation into the tragic events that occurred on March 25, 2023.
The investigation began when MCSO deputies responded to an apartment on 1980 SE 40th Street Road, Ocala, following a well-being check request for Timothy Smith, who had not reported for work on March 24. Upon entering the residence, deputies discovered Timothy deceased, with evidence of a dark ligature mark on his neck and blunt-force trauma to his face and genitalia. These findings prompted Major Crimes Detective Daniel Pinder to initiate a homicide investigation, which would span several months and involve the gathering of video surveillance, electronic evidence, and interviews with individuals who knew Swilley and Timothy.
As the investigation progressed, it was determined that Timothy had been administered a lethal dose of diphenhydramine, an ingredient found in over-the-counter medications such as Benadryl and Unisom. This overdose, which was 30 times higher than the normal therapeutic dose, was followed by Swilley’s violent act of strangulation, resulting in Timothy’s death. Swilley then utilized his own vehicle to transport Timothy’s body to a nearby apartment and staged a fake crime scene, attempting to destroy evidence using household cleaning agents. Additionally, Swilley manipulated surveillance footage from their residence on the night of the murder, later deleting the incriminating video.
The investigation also brought to light the history of domestic abuse suffered by Timothy at the hands of Swilley. It was revealed that Timothy had been on the verge of securing a new job in another county and was planning to relocate without Swilley. Furthermore, Swilley stood to benefit financially from Timothy’s death, as he was named as the beneficiary of Timothy’s life insurance policies, totaling $333,000.00.
Initially, Swilley cooperated with law enforcement and provided a preliminary statement. However, subsequent investigation uncovered multiple falsehoods and contradictions in his narrative. When confronted with these inconsistencies, Swilley’s attorney attempted to negotiate immunity from prosecution for Timothy’s murder, signaling a shift in his cooperation with authorities.
This week, a warrant was issued for Swilley’s arrest, leading to his apprehension on charges of First Degree Premeditated Murder and Tampering with Evidence. He is currently being held without bond at the Marion County Jail pending further legal proceedings.
The arrest of Herbert Swilley represents a crucial development in the pursuit of justice for Timothy Floyd Smith. The relentless efforts of the Marion County Sheriff’s Office Major Crimes detectives and law enforcement personnel involved in the investigation have brought a measure of closure to the family and loved ones of Timothy, as well as the broader community impacted by this tragic event.
As the legal process unfolds, the focus will now shift to ensuring that Swilley is held accountable for his alleged actions and that the memory of Timothy is honored with the dignity and respect he deserves. Through thorough documentation of evidence and transparent legal proceedings, the pursuit of justice for Timothy will continue to be upheld as a priority for all those involved in the case.
