Who is Herbert Swilley? Florida man who raised thousands of dollars on GoFundMe for husband's funeral arrested for his murder
OCALA, FLORIDA: Police have arrested Herbert Swilley, 55, for allegedly murdering his husband Timothy Smith, 59, at their home in Ocala, Florida, in March.
Swilley also raised money on GoFundMe for Smith’s funeral costs, but police say he was involved in the killing and tried to hide the evidence.
Swilley was arrested by the Marion County Sheriff's Office on Friday, November 5, and has been charged with first-degree murder.
Police found Timothy Smith’s body with signs of trauma and strangulation
According to an arrest affidavit cited by People, Swilley had called the police to request a welfare check on Smith on March 24 after he found Smith’s Jeep outside one of their two houses.
He claimed he had not seen Smith since the day before.
Police had found Smith’s body on a bed, partially naked and with signs of blunt force trauma to "face and genitals" and strangulation, as per court documents.
The affidavit stated he had a fracture on his cervical spine and had marks on the neck.
Police say Herbert Swilley tampered with evidence and disposed two carpets in a landfill
The police also found that Swilley had removed two carpets from the house and dumped them in a landfill.
He also deleted videos from the doorbell camera that could have captured his movements. A video released by the Marion County Sheriff’s Office shows Swilley being arrested and taken to jail on Friday, November 3.
The affidavit said a friend told police that Swilley was violent, angry and had threatened to kill Smith.
The friend also said Smith wanted to stop caring for Swilley. Other friends said Swilley had a bad temper and feared he would harm them for talking to police, as per the affidavit.
Herbert Swilley was named as the suspect on the same day he posted a Facebook tribute about their anniversary
In a bizarre twist, Swilley posted a message on Facebook about the couple’s anniversary on the same day that the police named him as a suspect.
He wished Smith a "Happy Anniversary" stating he was a "loving husband."
"I wish you could be here with us in body. Because I know you are here in spirit. It would have been eight years we've been married," he wrote.
He continued, "To be honest, I miss you every day and wish you were here. Life isn't the same without you. I miss your smile and your loving spirit."
He raised $2,235 of a $7,500 goal according to reports and the page had to be pulled down.
Jordan Swilley, Herbert's daughter, was also named a person of interest in the case in August.
“She, too, gave a preliminary statement but has declined to speak to detectives further,” the sheriff’s office said at the time.
Swilley is scheduled to appear in court next month.