Timothy Smith Murder: Where is Herbert Swilley Now?

In March 2023, Herbert Swilley contacted police after being unable to reach his husband, Tim Smith. Authorities arrived at an apartment complex in Ocala, Florida, where Tim’s car was still parked outside, and entered a rented apartment where they discovered his remains. In the days that followed, investigators began piecing together details about Tim’s life and relationships, which soon led them toward a potential suspect. A&E’s ‘Killer Cases: Murder in the Sex Studio’ explores the crime and highlights how investigators solved the case through detailed and methodical police work.

Timothy Smith’s Remains Were Found in a Rented Apartment in Florida

Timothy ‘Tim’ Floyd Smith was born on August 1, 1963, in Florida to Romia Elaine Mathews and Marcus E. Smith. He grew up alongside his sister, Sandy Riels, in a happy and loving home where they were encouraged to truly be themselves. Tim went on to thrive academically and professionally, earning a Master’s degree in Social Work along with a Core Certification in Assisted Living. He deeply cared about serving people in his community and held several leadership roles that reflected that passion. Tim worked as the Executive Chair for the Ocala Walk to End Alzheimer’s and also served as President and board member of the Marion County Continuum of Care. In 2015, he began working as the Executive Director of Brookdale Chambrel Pinecastle Assisted Living and Memory Care Community.

Tim was active in his community in many other ways as well. He participated in the Annual Festival of Trees, served as an ambassador for the Central Florida Entrepreneurial Partnership, and was also a vocal advocate for gay rights. In 2015, he joined celebrations at Lake Sumter Landing after the Supreme Court legalized same-sex marriage nationwide. That same year, Tim married Herbert Swilley after the two had been in a long-term relationship for years. Herbert’s daughter from a previous relationship, Jordan Swilley, also lived with the couple at their home in Ocala. Together, Tim and Herbert were known as an adventurous pair who often traveled and took trips in their RV.

Tim and Herbert also maintained another rented apartment in town where they would meet other men outside of their relationship. Tim often performed under the name “Augusta” and carried a zest for life that reflected in everything he did. On March 25, 2023, Herbert contacted police after Tim failed to show up for work, something he said was highly unusual. Investigators went to the couple’s rented apartment in Ocala and obtained a key from the landlord to enter the unit. Inside, they discovered Tim’s remains. Authorities observed a dark ligature mark around his neck along with significant blunt-force injuries to his face and genital area. The autopsy later revealed that he also had more than 30 times the normal level of diphenhydramine in his system.

Timothy Smith’s Killer Started a Fundraiser Before His Arrest

Herbert Swilley told investigators that the last time he had seen Tim Smith was on the evening of March 23, 2023. Tim’s coworkers reported that he never arrived for work on March 24, and a wellness check was carried out the following day. Herbert claimed that on March 24, he had gone to the gym and that Tim was not home when he returned. He also said he became concerned after noticing Tim’s car parked outside the couple’s rented apartment, explaining that Tim supposedly did not have a key to the place, which made the situation seem unusual to him. Investigators believed there were several inconsistencies in Herbert’s account and soon began speaking with Tim’s friends and family members, many of whom painted a very different picture of the couple’s relationship and Tim’s final days.

People who knew Timothy and Herbert said that their relationship had not always been smooth or easy. According to friends, the two had allegedly struggled with alcohol dependency for years and had only recently begun attending meetings and trying to stay sober. However, those close to them claimed that the process had also led to frequent arguments and that the couple was seemingly on the verge of separating. Detectives also learned that Tim had accepted a new job in DeLand, Florida, and had reportedly been planning to move there by himself. Investigators further discovered that he had a $333,000 life insurance policy along with substantial retirement savings. Meanwhile, Herbert publicly mourned the loss of his husband, posting emotional tributes online and even creating a GoFundMe page to help cover funeral expenses.

Detectives soon began looking more closely at Herbert and, after reviewing surveillance footage along with electronic data, investigators believed they had pieced together what had happened to Tim. Authorities theorized that Herbert had been fearful of Tim leaving him, especially because it could have affected him financially. Investigators believed that on March 23, 2023, after Tim returned home, Herbert allegedly drugged him and later killed him. Surveillance footage reportedly showed him leaving their house in his own vehicle before returning and then driving Tim’s car during the early morning hours of March 24, 2023. Detectives believed he first transported Tim’s remains and later moved the car to the rented apartment in an attempt to mislead the investigation. Authorities also interviewed Jordan Swilley, who allegedly stated that her father had told her not to mention hearing noises during the night between March 23 and March 24.

Herbert Swilley is Serving a Life Sentence in a Florida Prison Today

In November 2023, Herbert Swilley was charged with first-degree premeditated murder and one count of tampering with evidence in a criminal proceeding. He pleaded not guilty, and his trial eventually began in September 2025. During the proceedings, Jordan Swilley also testified against her father, while prosecutors presented DNA evidence and electronic data that supported their timeline of the crime. Herbert’s defense team argued that detectives had focused solely on him early in the investigation and failed to properly examine other possible leads. However, after hearing the evidence, the jury found him guilty of premeditated first-degree murder. He was subsequently sentenced to life in prison. Herbert has not filed any appeals so far and is currently serving his sentence at the Northwest Florida Reception Center Main Unit in Chipley, Florida.

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