We called in because my other half haven't seen him since late Thursday night. This is Herbert Swilley. His husband, Timothy Smith, has been missing for over 24 hours. When deputies encountered Herbert, they began examining the scene, unaware that what seemed routine was about to escalate into an unsettling discovery. Sheriff's office. He's on the floor. He always got his shirt on and his shoes. And this is When officers told Herbert his husband's body had been found inside the apartment, everyone at that scene broke down. Everyone except Herbert. Is his name is not Timothy? Yeah. He's really Yes, ma'am. I don't see any keys. His truck's here. He's been here since Friday morning at some point. On March 25th, 2023, officers from the Marion County Sheriff's Office were called to conduct a welfare check on a man inside an apartment. According to the man's husband, 57-year-old Herbert Swilley, he had been missing since the day before, had not shown up for work, and no one knew his whereabouts. Upon arriving at the scene, the officer approached Herbert, who had been waiting on the property, unaware of the horrifying scene he was about to discover. We called in because my other half haven't seen him since late Thursday night when we went to bed. He didn't show up for work yesterday. They've called, they've text. Everybody's called and text. We don't actually live here. This is his secondary apartment that he uses for his massage studio and other stuff. But his Jeep's been here. The girl's now saying for almost two to three days it hasn't moved. And we can't get a hold of him. We've called, y'all've called, y'all did a wellness check yesterday. They can't couldn't go in cuz I don't have a key, so they told me to get a hold of the landlord. He actually has a key. Okay. But they told us not to go in that what since I'm not legally on the lease or anything. Okay. What's his name? Timothy Floyd Smith. But it's not like him because normally he's the executive director at the Brookdale Chamber of Commerce, so he's very responsible about it. You know, that's his job. He does everything. Dispatch, 601. Sheriff's office. Sheriff's office. Sheriff's office. Sheriff's office. While searching the apartment, the officer discovered the lifeless body of 59-year-old Timothy Smith lying on the bedroom floor. Timothy was a well-known figure in his community. As he served as the executive director of a senior living facility in Ocala, had led multiple community organizations, and was deeply involved in charity work. But at this moment, he was found deceased in his own apartment, bearing a dark mark on his neck and visible injuries across his body. The scene was disturbing on its own, yet as soon as the officer began informing Herbert of his findings, the case took a sudden and unexpected turn. Cancel medics, signal seven. 10-4, signal seven. You okay? Mhm. He's in and he's not a threat? Yeah. Sorry, Herbert. Well, they would have been here last night if I hadn't give out the wrong phone number. I didn't give them Jack's phone number for the landlord because I have it in his Jack in Ocala with an L. So, I thought it was Jack for landlord and it's Jack of AA that we saw at our retreat and I gave him that number and he called me this morning and said, "Herbie, I'm not Jack's landlord, so why are you calling me?" And I'm like, "Oh my god." I said, "So, I've been scrolling through the" It took me 45 minutes to find his number and I had to find it via text. I've got to call Kevin. Um Kevin's the only one. When's the last time you saw him? I went to bed on Thursday night and um I go to bed about 9:30. He finishes doing his medication. I would say about 11:00 I heard him get up. But, that's not uncommon cuz he gets up and he'll go to Facebook posting for this stuff called Thrive and he'll just relax and stuff, but I assumed he was still home, to be honest with you. I got up my regular time 4:40. I went straight to the gym like I normally do, the Planet Fitness. I came home very quietly cuz if he's asleep, I try not to wake him cuz he doesn't have to be to work until 8:00 or 9:00. So, I went and took my shower. I left with my work trailer to go do work. I got back cuz I picked up all the materials and before I went to the Villages, I figured I'd stop back by the house cuz I had forgotten to get a change of clothes. So, I stopped back by the house real quick. I went in. The bed was unmade. He wasn't in the house. >> stop by the house, not here. >> No, my house. Herbert didn't show a single emotion upon learning of Timothy's Instead, he remained composed, speaking about the situation as if it didn't involve his own husband. Timothy and Herbert had been together for about 8 years by that point and had even gone through the journey of getting sober from alcohol during their relationship. Yet, Herbert didn't appear shaken by what had happened to his husband. And as unsettling as it may seem, his demeanor didn't change as the investigation moved forward. >> This is just his Got you. massage office, his our playroom and stuff like that cuz that's what this was set up for so that way we could host parties occasionally cuz we have a 20-year-old daughter and he didn't want to do it at home. And um so when I went home this was out of the garage on Thursday morning before 8:00. This was not there so I don't know when he left. And he wasn't there so I went on to work and at 4:00 yesterday afternoon I got a phone call from Tammy Warner at Brookdale and said that they have not seen Tim or heard from him. They've been texting all day. So that's when I told her about the apartment. >> What time was that? That was around 4:00. p.m.? Yeah. So then I drove over here. I knocked on the I saw the Jeep here so I knocked on the door and everything. And um no answer, no nothing. I called the sheriff's department. And they told me not to go in since I'm not on the lease so I went on and did that. What 4:00 I was going to interrupt you. 4:00 yesterday? Yeah. Okay. Yes. >> And you haven't seen him since Thursday. Well, since I went to bed cuz once I go to sleep I don't hear anything because I take um a couple of sleeping pills and stuff because >> So Thursday he was at the house in 26 Court. Yeah. Thursday morning he was not. Cuz when I went back there >> So you mean Friday morning? Well, yeah, Friday Sorry, Friday morning. Sorry, Friday morning. Yeah. Getting confused because just kind of Yeah. The more Herbert talked, the more suspicious he seemed. At one point, he even claimed it would be difficult to discuss the situation with the detective. Yet throughout the entire investigation, no one saw any sign of that difficulty. And to the officer, this detail did not go unnoticed. Did they tell you he's single sudden? I'm going to always remember this. Yeah, no, I told him to cancel the single sudden. we thinking 7:30? 7:37 so 7:05. They live over off Buffington. They rent this place as a massage party play room and then his husband over there. They don't want their daughter seeing their He's on the floor. Always got his shirt on and his shoes and this is I don't know if it's a burn or like some type of suffocation stuff or what. Yeah, but his phone I can't find his phone. I don't see any keys. His truck's here. He's been here since Friday morning some point. Yeah, okay. So the landlord came cuz he didn't want landlord being the one that's renting this thing out. Did he did he rent it to this guy? Yeah. He rents it to them. He's first time he met them was like a week ago cuz they usually rent it to the husband Husband. Are one of them in here or is this some random dude? So this is husband of husband who rents this place. It sounds like it's primarily this guy the apartment even though he's saying they are legally married and all this. So it sounds like it's this is his spot that he goes to to and then he comes over with them you know that they're third parties involved. Yeah, it's all called the wrong Jack. Jack's the landlord. So it's like oh I can't get a hold of him I need the keys. Well the the Jack that he called called him back this morning was like hey dude you know I'm not your landlord wait calls for the key or whatever. Then he realized he called the wrong Jack so he called the right one today. He met me met us over here. Because I know that what's his name came out yesterday and couldn't get any information. We're in unit C. Inside the apartment officers found no keys or personal belongings belonging to Timothy. Items he surely would have had with him that night. The scene alone raised serious suspicions, but when officers followed up with Timothy's co-worker who reported he hadn't showed up for work the day before, their suspicions only grew. Ruth, can I talk to you? Yes, what was your name? Tammy Warner. How do you know Tim and I have been friends for about We work together. We just work together in the medical field forever. We've been close friends. We've known Tim for 10 years or longer. When's the last time you've seen him? Thursday. What time was it? We were at work together, so I think I saw him all day. What time did he leave work? Oh, he usually leaves around 5:00. Have you talked to him since then? Well, that's why I started all this because yesterday he wasn't answering us. So, we were worried he wouldn't answer anybody's I called her Mhm. to find out if he knew where he was at So, her kid came over and tried to knock. I've come over and knocked. When were you here? I was here this morning. I came this morning hoping maybe he would would open the door. What time were you here? Um, probably about 9:30. He's really good Yes, ma'am. Tammy seemed more unsettled by the situation than Timothy's own husband who throughout the entire investigation only raised more concerns with his behavior. Is this primarily his place? Is that why you didn't have a key? This is not a primary residence. >> No, no, no, I mean No. his >> I have a key, but my daughter thinks he took it off the key ring at the beginning of the week because when he goes and plays, he wants the keys so that way he's not over here using it. So, I have a key but I think it's with his stuff here. Okay. Cuz when he goes and plays during the week, Mhm. he takes the key Got you. cuz he doesn't want me interrupting. And his thing to me he me I'm doing a massage. So, I I know what it means and I let it go and you know. Is he The keys to the Jeep on a lanyard or anything? They're usually in a black bag that he keeps on his shoulder and it just goes in there because um it works on a fob. He doesn't keep them in his pocket. >> Okay. So, he just holds the bag and pushes the button. >> Well, he holds the bag and he just touches it and I can tell you now he won't even keep a key in his pocket hardly at all. And I know for a fact he's not in his not in the black bag cuz it's sitting on the dresser at the house. Okay. Me and the daughter came over knocked on the door last night. I took that gun out because that was my gun. So, the Jeep was unlocked? >> No, the Jeep was locked. I came last night with my key. I have a set of keys at home for it. Got you. >> I just didn't bring them now but we didn't think about it. But, we came last night just because Candy made a point to me not you Frank Candy said she says, "Do you have a gun in the Jeep or anything?" Does he I said, "Yes." She said, "Well, you shouldn't leave it here unsecured cuz it's in your name. So, we came by last night. We even beat on the door after the office and just to see if we could get a hold of him one more time and he's out of town. But, I put that gun on the dining room table just so it wasn't here. What time were you all here? It was probably around 9:00-ish. Okay. Or actually it had to be before 9:00. He's probably in the best shape he's ever been in. He's probably been in the best shape he's ever been life-wise because I mean he took care of himself healthy-wise and so did I. Especially after we quit drinking. Yeah. So, I mean 3 years is a mile mark for as much as we drank. And neither one of us ever did any you know, we tried it but didn't like it. Wasn't our cup of tea. Sergeant Simpson. All right. According to Herbert, he and his daughter Jordan had gone to the apartment the night before. Strangely, he claimed he didn't find Timothy inside even though he admitted he had a key. At that point in the investigation, the statement was suspicious enough on its own but it would later prove to reveal far more than Herbert intended. Officers continued processing the scene, searching for any piece of evidence that could shed light on the case, but it was when one of the officers spoke with Timothy's neighbor that everything changed. Hello, sir. Okay. How you doing? Good. How are you? Yeah, are you Stewart? Yeah. Okay. Do you know your neighbor over here at all? Not really. Okay. But my landlord called me a little bit ago and told me what happened. >> Okay. Um is that your ring camera out front? >> Mhm. Okay. Would our detective be able to see the footage from yesterday uh if they need to? Yeah, yeah, absolutely. Okay. I looked when he asked me about it and the way that it's angled, I can just see the tail end of his Jeep. >> Okay. And that's about it. Okay. It looks like he arrived there um yesterday about 2:30 in the morning. Between 2:30 and 3:30. Yesterday, the 24th? Yeah, early early the 24th. >> Okay. And then that's it other than the morning at when the guy on the motorcycle, no idea who that is, but um he showed up um in the morning sometime. Actually, it was not in the morning, it was the afternoon, it looks like. 4:13 is when he pulled in. Okay. All right, well, they'll probably be in touch with you. He's got it uh his camera went off when he got here at 2:30 in the morning yesterday. And then the only other thing he said he saw was that the Jeep pulled up at 4:15 in the afternoon. Well, he said he told me that he the coworker at 4:00 and said, "Hey, I haven't been able to get a hold of him." So, I think he came here before when he said he came in And he was just looking in between You can text those videos? Yeah. Did you get Did it go off around 9:30 last night? 9:30? Around the I'm sorry, 8:30 or 9:00. So, there's two videos. It didn't actually capture him pulling in, but there was an alert because a cat walked in front of it at 2:30 and then again at 3:00 around 3:30 and the Jeep appeared between >> Between those times, I got you. The autopsy revealed he had been given diphenhydramine at a dose nearly 30 times higher than the normal therapeutic level. The marks on his neck also indicated he had been assaulted with a ligature, an attack that fractured his cervical spine. As the investigation progressed and Herbert faced more intense questioning about what had happened to his husband, he stopped cooperating with officers, stating he would only speak if granted prosecutorial immunity, something that only deepened investigators' suspicions. Cell phone location data also placed Herbert with Timothy's Jeep at key moments. Detectives further discovered that Herbert stood to inherit a fortune worth funds in the event of Timothy's which later proved to be the reason behind the crime. Because although Herbert had portrayed their relationship as long-lasting and stable, it was actually deteriorating. Timothy had been planning to move to Deland, Florida and start a new job without Herbert, who was financially dependent on him. The evidence against Herbert was overwhelming and despite his efforts to present himself as innocent, there was nowhere left to run. Do you want to back your car in? Yeah. What car? This one? Yeah. I'm not patting them down other than the other one right here. That's it. Let him pat him down. Keep your feet apart for me. Take your >> Slip your boots off. Just stand right here. Slip your boots off. You're not going to fall backwards. Stop. Sit down. Watch your knee. Scoot sideways. I didn't find out why he didn't have water in his bucket. Herbert was arrested on November 3rd of that same year, but even before sentencing, more evidence surfaced against him. According to his daughter, Jordan, Herbert had encouraged her to lie about what she remembered. On the afternoon before Timothy's death was discovered, Herbert had asked her to drive him to the apartment, and once there, he retrieved a gun from Timothy's Jeep, a detail that directly contradicted his claim that he had gone there simply to look for his husband. Although Herbert's attorneys argued that DNA evidence from the scene pointed to other men, it wasn't enough to outweigh the mountain of evidence against him. In the end, Herbert was found guilty of premeditated first-degree murder, sentenced to life in prison without the possibility of parole, and credited for 687 days of time served.