A 55-year-old Florida man, Herbert Swilley, is standing trial for the 2023 murder of his husband, Timothy Smith. He allegedly drugged him with allergy medication and then strangled him to death, breaking his neck. Then, Swilley is accused of setting up a GoFundMe that raised thousands for his dead husband’s “Celebration of Life.”
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As reported by Law & Crime, the incident occurred back in March 2023. Prosecutors argued that, leading up to Smith’s death, their relationship had soured, with both of them attending Alcoholics Anonymous and then subsequently arguing nonstop.
Prosecutor Amy Beth Berndt detailed in court that Smith was looking for a job in a different county, paving the way to his separation from Swilley. The alleged murderer, however, wasn’t having any of it.
“If Tim thinks he’s leaving me and taking a new job in DeLand, he’s got another thing coming,” Swilley allegedly told a friend at the time.
Then, on the night of March 23, 2023, right before Smith’s final job interview, Swilley allegedly overdosed him with an antihistamine and went on to beat him and strangle him to death, breaking his neck.
Then, according to Berndt, Swilley drove his husband’s body to another apartment they shared. There, he allegedly staged a crime scene and cleaned any evidence in the hopes of getting away with murder.
Body Found, Husband Arrested
Two days later, while conducting a welfare check, police found Smith’s body, PEOPLE reported. For months, police attempted to find a suspect and a motive. Meanwhile, Herbert Swilley reportedly launched a now-unavailable GoFundMe. He raised thousands of dollars for a “Celebration of Life” in Smith’s name.
According to his Facebook page, which remains available, the event was held on April 14, 2023. Months later, Swilley celebrated Smith’s birthday and their anniversary.
“To my very loving husband,” Swilley wrote on August 8. “I know you are up there looking down on us and taking care of us. You will always be in my heart and thoughts.”
However, as previously reported by Law & Crime, Swilley was contacted by authorities, saying that he was now a suspect. He reportedly said at the time that he was willing to cooperate in his husband’s death investigation if he was given immunity.
Swilley was arrested in November 2023.
He was charged at the time with first-degree premeditated murder and tampering with evidence. The second charge was dropped, and his defense has argued in court that other men Smith allegedly had sexual relations with in the apartment might have been behind his murder.
Prosecutors are not seeking the death penalty.