Attorneys give opening statements in trial against Ocala man accused of murdering his husband

OCALA, Fla. (WCJB) - The trial for a man accused of killing his husband and trying to cover it up is underway in Marion County.

Twelve jurors and two alternates were selected on Monday to determine whether Herbert Swilley is guilty of murdering his husband, Timothy Smith, an employee at the Ocala Metro Chamber and Economic Partnership, in March 2023.

Authorities say Swilley tried to cover up the evidence by creating a fake crime scene at the couple’s second home, an apartment on Southeast 40th Street Road in Ocala.

During opening statements, the prosecutors explained that the couple’s relationship was volatile and that Smith was planning to get a divorce. Smith was the breadwinner of the family, and without him, Swilley, a handyman, didn’t have the money to maintain his lifestyle.