Herbert Kurt Swilley is charged with first-degree murder in the death of his husband, Timothy Floyd Smith, 59. Investigators say Smith was drugged, beaten and strangled before his body was moved to stage a fake crime scene. Deputies found Smith deceased in an apartment with a dark ligature mark on his neck and blunt-force trauma to his face and genitalia. Prosecution say that Smith was strangled so hard that his neck was broken. Swilley was previously married to a woman and they had a daughter. Swilley eventually left his wife for Smith and they had been together for 15 years and married for eight of those years. They had an open relationship and as well as their home kept an apartment that was used to bring other men for sexual encounters. The prosecution allege that in March 2023 Swilley murdered Smith in their primary residence then put Smith's body into a vehicle and drove it to the apartment, where he staged a crime scene. Prosecutors allege that Smith was the breadwinner of the two men and was planning to get a divorce. Without Smith, Swilley, a handyman, would not have had the money to maintain his lifestyle so it is alleged that Swilley killed Smith to access Smith's life insurance policies worth $333,000.