(Marion County, FL) Today, jurors delivered their verdict in the 2023 murder case of 59-year-old Timothy Smith.  After listening to a week’s worth of witness testimony and reviewing captivating evidence, jurors found 57-year-old Herbert Swilley guilty of Premeditated First-Degree Murder. Swilley, who was previously indicted in the case back in November of 2023, was sentenced to Life in Prison.

On March 25, 2023, Swilley called the Marion County Sheriff’s Office, stating he was unable to reach his husband, Timothy Smith. After deputies arrived at the couple’s shared apartment, they gained access to the apartment with a key provided by the landlord, where they located Timothy lying on a bedroom floor, deceased. 

Officials observed obvious signs of trauma to the victim’s face and neck. The victim appeared to have ligature marks around his neck. The medical examiner’s office responded to the scene. While moving the decedent’s body, examiners noticed a prevalent odor of a cleaning chemical similar to bleach. As deputies continued to walk through the apartment, they observed various items throughout the residence, some of which were collected for DNA processing.  

Deputies then exited the apartment and spoke with the defendant, who was informed that the victim was deceased. Swilley, not appearing distraught after receiving the news, told law enforcement he last saw the defendant alive two nights before at their primary residence after having watched television together. Swilley said they went to bed, then he woke up early the next morning and went to the gym. When he returned home, the victim wasn’t home, and he assumed the victim was gone for work. Swilley said he realized the victim was missing when the victim didn’t show up to work, and he found the victim’s truck at their shared apartment, but did not have a key to enter.

Major Crimes detectives arrived on scene to investigate the victim’s murder. While speaking with the defendant and other witnesses, they noted inconsistencies with the defendant’s statements to law enforcement, as well as others, leading up to the day the victim was found. Detectives further learned the victim had a substantial amount of Diphenhydramine in his system, over 30 times the appropriate dose.

Authorities obtained surveillance footage and electronic data from numerous sources, which corroborated a series of events showing the defendant leaving from the primary residence in the early morning hours on March 24th, driving his truck to the apartment, presumably dumping the victim’s body inside, before returning to their primary residence. Swilley then proceeded to get into the victim’s jeep, drive it over to the apartment to park, before walking back to their home.

This case was successfully prosecuted by Assistant State Attorneys Richard Buxman and Amy Berndt. We are grateful to our law enforcement partners, especially Sgt. Pinder and forensic professionals whose dedication, expertise, and teamwork were essential in ensuring the successful prosecution of this case.

Published on 09/19/2025.