Fla. Man Accused of Strangling His Husband for Insurance Money: He 'Was Void of Any Sadness,' Say Police

The Florida couple seemed like they were in a happy relationship, until one of them was found dead and the other was named the prime suspect

Timothy Smith, 59, and Herb Swilley, 55, were five months away from what would have been their eight-year wedding anniversary when Smith was found dead in an Ocala, Fla., apartment the couple rented near their primary residence.

Swilley was at the scene when authorities made the shocking discovery. He claimed that the residence was used for sex dates with other people, saying the couple had an open marriage. Smith’s friend and former colleague, Tammy Warner, was also at the scene.

“I still feel like I'm in shock sometimes,” Warner tells PEOPLE. “It just doesn't seem real.”

Loved ones describe Smith as a good listener and a compassionate and loving friend. “He always took care of everybody around him,” Smith’s younger sister Sandy Riels tells PEOPLE. “And he always had a joke and was quick-witted.”

But some of Smith’s friends didn’t feel the same way about the man he chose to spend his life with. “None of us would have befriended Herb had it not been for Tim,” Smith’s friend Candy Baker tells PEOPLE. “He had a really rough personality. He was very cold.”

Related: Friends Remember Slain Fla. Man Whose Husband Is Now Suspect in Case: 'Most Amazing Human'

Authorities also noticed that at the scene, Swilley allegedly didn’t show much emotion after his husband was found dead and was “void of any sadness or despair,” according to the probable cause affidavit.

When discovered, Smith was undressed from the waist down and had a dark ligature mark around his neck and blunt force trauma to his face and genitals, the affidavit states, and he had suffered a fracture to his cervical spine during the attack. Police also say that a toxicology report revealed that he was dosed with 30 times the recommended amount of diphenhydramine, the active ingredient in Benadryl.

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Then, less than 24 hours after Smith’s body was found, friends claim Swilley and his daughter from a previous marriage, Jordan Swilley, 20, were getting rid of Tim’s personal belongings, including family photos.

“I was like, ‘What is going on?’ You didn't want to believe it, but deep down in the back of your mind, you're like, ‘This is really not looking good. This is making him look like he's done something,’ ” Warner says.

For more than seven months, authorities searched for leads in the case, and on Nov. 2, 2023, Swilley — who some friends had developed a suspicious around — was arrested and charged with premeditated first-degree murder and tampering with evidence. He has pleaded not guilty. His public defender did not return PEOPLE’s request for comment.

Authorities claim Swilley killed Smith at their primary residence, then transported his body to the apartment and created a “mock crime scene,” the affidavit states.

“Now that he's arrested, I have cried more than I have from the beginning, because now I couldn't call Tim,” Baker says. “That was the first person I wanted to call and say, ‘We got him.’ ”

Related: Fla. Man Raised Thousands on GoFundMe After Husband Was Killed. Now, He's a Suspect

According to the affidavit, the investigation allegedly uncovered that Smith was a victim of domestic violence in his relationship and was close to securing a new job in a different county — one he planned to move to without Swilley. Swilley was also the beneficiary on Smith’s $333,000 life insurance policy.

Smith’s friends and family are relieved after the arrest, but are still coming to grips with what they’ve learned.

“I had no idea about the abuse,” Baker says. “Tim was so good and loving — not just the people he knew, but to strangers. Looking back, maybe it was because he lacked love at home, and that part breaks my heart.”

If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.

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