Herbert Swilley cooperated with police before quickly retaining a lawyer and asking for immunity, say police.
of dollars on GoFundMe after his husband was found slain in their home in March has now been charged with first-degree murder in connection with his death, according to police statements and documents obtained by PEOPLE.
He also had ligature marks on his neck, the affidavit said. An autopsy determined Smith died from asphyxia and a fracture on his cervical spine, according to the affidavit.Swilley is facing one charge of first degree premeditated murder and one charge of tampering with evidence, according to jail records.
An officer wrote in the affidavit that a mutual friend who was interviewed during the investigation alleged Swilley had a history of violent outbursts, a bad temper and had made “homicidal threats.” The friend also said that Smith was “‘sick’ of taking care” of Swilley. 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. A person who answered the law office of his attorney Gail Grossman hung up when PEOPLE reached out to inquire further about the issue.
College Basketball Player Fatally Shot While Driving, Suspect Was Looking for Woman in Car with Victim
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