Herbert Swilley, 55, raised thousands of dollars in sympathy cash before he was charged with his husband's murder
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A MAN who raised thousands of dollars in sympathy cash after his partner of 13 years was tragically killed has been charged with his murder.

Herbert Swilley, 55, was arrested on Friday after his husband Timothy Smith, 59, was found dead in an Ocala, Florida, apartment on March 25, authorities said.

Herbert Swilley, 55, raised thousands of dollars in sympathy cash before he was charged with his husband's murder

Herbert Swilley, 55, raised thousands of dollars in sympathy cash before he was charged with his husband’s murderCredit: Marion County Sheriff’s Office
On March 25, Timothy Smith, 59, (left) was found strangled and beaten in an Ocala, Florida, apartment

On March 25, Timothy Smith, 59, (left) was found strangled and beaten in an Ocala, Florida, apartmentCredit: Facebook
Detectives believe the crime scene had been staged by Swilley who continued to post online tributes for his husband throughout the investigation

Detectives believe the crime scene had been staged by Swilley who continued to post online tributes for his husband throughout the investigationCredit: Marion County Sheriff’s Office

The months-long investigation began when Smith’s body was discovered with blunt force trauma to his face and genitalia with a dark mark surrounding his neck, the office said in a statement.

An investigation found that Smith had over 30 times the normal dosage of diphenhydramine, an ingredient found in Benadryl, in his system when he died.

He was choked so hard that his neck broke, officials said.

Detectives initially interviewed Swilley about the death, and he was, at first, cooperative, the sheriff’s office said.

But as the investigation continued, they saw surveillance footage and heard stories from neighbors that allegedly poked holes in his stories.

Detectives believe that Swilley allegedly staged a crime scene at a nearby apartment to make the death look like an accident.

They said he had erased his own Ring camera footage from the night of the killing and was captured by other cameras taking out two large rugs.

They also said household cleaning products were allegedly used to cover up any evidence inside their shared apartment.

Meanwhile, as the evidence mounted, the mourning partner turned to crowdfunding site GoFundMe to cash out $2,200 for a “celebration of life.”

According to a spokesperson, the GoFundMe has since been shut down, and all donors were refunded, NBC News reports.

Swilley’s behavior began to change on August 8 when he was named a subject and his daughter was deemed a person of interest, officials said.

He had stopped cooperating with police, and his lawyer allegedly told cops he would only chat with them if he was cleared of any wrongdoing.

That same day he was named a suspect, the alleged murderer shared a now-harrowing tribute to his husband on Facebook to celebrate their anniversary.

“To my very loving husband. I know you are up there looking down on us and taking care of us,” the post read.

“You will always be in my heart and thoughts.”

It went on: “I wish you could be here with us in body. Because I know you are here in spirit.

“It would have been eight years we’ve been married. To be honest, I miss you every day and wish you were here.

“To be honest, I miss you every day and wish you were here. Life isn’t the same without you. I miss your smile and your loving spirit.”

He shared photos of himself and his daughter going out to dinner in his honor.

Detectives found that Swilley was the sole beneficiary of Smith’s $333,000 life insurance policy, and had allegedly arranged plans to move to a nearby county without his partner.

Family members say that Smith had gotten sober and was trying to leave him at the time of his death.

Smith was known for being an advocate for LGBT rights in his community and performed as a drag queen when he wasn’t working in senior care.

Since his arrest, his family has started to feel some closure after months of grief.

“I just started crying and thanking Jesus because there’s been so many prayers going up that we get justice for Tim,” Smith’s sister Sandy Riels told NBC affiliate WESH.

Swilley was booked into Marion County Jail without bond.

He’s been charged with first-degree premeditated murder and tampering with evidence.

It’s unclear if his daughter is still considered a person of interest.

His next court appearance is scheduled for December 5.

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