A man accused of drugging his husband in a $333,000 life insurance plot has been arrested, according to the Marion County Sheriff’s Office.
On 3 November, local authorities arrested Herbert Swilley, 55, for the alleged first-degree murder of his husband Timothy Smith, 59.
Swilley, a handyman by trade, is accused of having dosed Smith with 30-times the recommended amount of diphenhydramine, which is used in allergy medicines like Benadryl.
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Authorities are saying Swilley staged the crime scene, while he pretended to 'cooperate' early on in the investigation.
Authorities identified Swilley as a suspect back in August, subsequently spending months building up a case against him.
Authorities are now saying Swilley had previously abused Smith and learned the victim planned to leave him during the late hours of 23 March into the early hours of 24 March.
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The sheriff’s office is accusing Swilley of choking Smith with so much force he broke his neck, and then going to extreme lengths to cover it up.
Swilley allegedly drove Smith from their home to another apartment and staged a crime scene. He is then accused of cleaning it up in the hopes of proving his innocence.
Authorities say he then went home after the alleged incident took place, subsequently taking Smith's car to the fake scene before walking back home.
In a statement, the sheriff’s office said: "Then, a few hours later, Swilley drove to the landfill where he dropped off what appeared to be two carpets from their residence before going about his day."
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Swilley spoke to investigators for the first time back in March, where he is accused of giving misleading, false and contradictory information, according to authorities.
Investigators requested to interview Swilley again, though his attorney told them that would only happen if he was granted immunity from being connected to the murder of his husband.
Just a month after his husband tragically passed away, Swilley solicited more than $2,200 in donations through a GoFundMe page set up in remembrance of Smith.
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Swilley is now being held at Marion County Jail for his alleged crimes, and is set to appear in court on 5 December.
Callum Jones