Jordan Swilley told the court on Sept. 17 that she was close to Timothy Floyd Smith, whom she referred to as her stepfather.
In soft-spoken testimony, Swilley said her mother and father were married for more than a decade. She said she was about 4 when she met Smith.
Her parents divorced, and her father, Herbert Swilley, married Smith when she was about 8. She moved in with Smith and her father when she was about 15.
Jordan Swilley said her father and stepfather were heavy drinkers. When Smith started attending Alcoholics Anonymous meetings, she said, the men argued regularly. Before Smith’s death, she said, her father talked about divorcing Smith.
The now 22-year-old woman was testifying for the prosecution in the trial of her father, who’s accused of murdering Smith in March 2023.
About the case
Prosecutors contend the motives for the murder were money and control.
Prosecutors said the elder Swilley beat and strangled Smith, 59, in their marital home. They said Swilley took the body to an apartment, not far away, that was used by the men for sexual encounters with other men. There, the state says, Herbert Swilley staged a crime scene.
During the investigation, the younger Swilley was considered a person of interest by Marion County Sheriff’s Office detectives. But the detectives later said that Swilley’s father was the main suspect and arrested him.
Charged with first-degree murder, Herbert Swilley, 57, is presently locked up in the county jail without bail. If convicted, he faces life in prison.
Assistant State Attorneys Rich Buxman and Amy Berndt are prosecuting the case. John Klein is representing Swilley, and assisting him is paralegal Melody Hoover.
Circuit Judge Robert Hodges is presiding over the trial, which reached its third day on Sept. 17.
Swilley’s daughter testifies
On the stand, Swilley’s daughter said she didn’t know the apartment Smith and her father kept was used for liaisons. She said she was unaware her father and Smith had an open relationship.
Several hours before Smith’s death, the woman said, she, her father and Smith ate dinner and watched a movie together. After dinner, she said, she went to her room and watched television. She said Smith and her father were not arguing and Smith appeared normal.
The woman said she didn’t know Smith had an interview for another job. In previous court testimony, it was revealed that Smith was in the latter stage of an interview for a job in another county. At the time of his death, Smith was director at an elderly facility in Marion County.
Jordan Swilley said that when in her room that night, she heard a noise, but didn’t know where it came from. Her phone had an alert from the ring door bell. She said she never checked her phone.
Waking up the next morning, she asked her father about Smith’s whereabouts and was told he was at work.
She said her father asked if she had heard anything. When she said yes, her father told her to say she was asleep and that’s all she needs to remember.
She said she was upset and confused. She later learn Smith was missing.
Jordan Swilley said she drove her father to the apartment to pick up his gun, which was in Smith’s Jeep. The vehicle was parked at the apartment, she said.
She said her father eventually told her that Smith had died.
A few days after Smith’s death, she said, her father asked her to pack up Smith’s belongings.
Swilley said her father asked her to assist him in cleaning Smith’s Jeep before turning it over to law enforcement.
Asked if her father ever talked about insurance money, she said yes, he had done so several times, because he needed the cash. She said her father has asked her lie for him, and after Smith’s death, another man had moved into their residence.
Defense questions Jordan Swilley
Questioned by Klein on cross-examination, Jordan Swilley said she knew she was the second beneficary of Smith’s life insurance policy. She admitted there were times when the Wi-Fi would go in and out, and they had problems with the ring door camera.
She told the court she didn’t remember the type of noise and did not investigate it. She also said it wasn’t uncommon to get notifications on her phone from the ring door camera at various time of the day.
As a family, she said, they relied on Life360 to keep track of each other. She said later on, Smith stopped sharing his whereabouts. He became secretive and distant. She said she thought the apartment served as a massage parlor, as Smith had a massage license.
The defense noted that Jordan Swilley has power of attorney over her father’s affairs. The agreement was that she sell some of her father’s assests and use the money to take care of herself and pay his lawyer.
She sold some properties. The lawyer asked if she paid her father’s attorney, and was told no.
Gail Grossman was Swilley’s first lawyer. Jordan Swilley said she wasn’t sure if she gave her father any money. She said she doesn’t have any money left.
The life insurance policy has not been paid, according to testimony offered in court. The proceeds from the sale of Swilley’s assests were not mentioned in court.
On re-direct examination, Berndt asked Jordan Swilley how old she was when her father was arrested. She said between 20 and 21. She said she wasn’t working at the time, had to support herself, and her father was the one who hired Grossman.
Other testimony
Several witnesses testifying for the prosecution talked about Herbert Swilley’s strange behavior after Smith’s death.
One woman, who worked at a book and jewelry store, said Swilley donated books and journals to the business.
The woman said she asked Swilley about the books’ owner, and was told it was his husband, who just died. She said she was surprised he wanted to get rid of the items so quickly.
The woman said the journals had pictures and notes written in them. On her break, she said, she was looking at the Marion County Sheriff’s Office Facebook page when she saw Smith’s picture and deputies needing information about his death. She said Smith’s picture were in the journals, and she called the MCSO the next day.
A second woman said when she visited Swilley’s residence a few days after Smith’s disappearance, she saw the victim’s pictures and other items in a garbage bag. She said Swilley told her the house now belongs to him and he needed the insurance money.
The woman said Swilley told her he was getting his husband’s Jeep cleaned, and to make sure her fingerprints were wiped clean. She said it didn’t matter to her because she wouldn’t hurt anyone.
Cross-examined by Klein, the woman said she had cut ties with Swilley after calling law enforcement about what she saw when she visited the home.
Final witnesses for the day
Sheriff’s office officials, including the lead detective working on the investigation, Sgt. Daniel Pinder, testified that they were able to track Smith’s phone and also Swilley’s vehicle moving to and from the home to the apartment. Authorities believe Smith’s body was moved from the home to the apartment.
Pinder’s testimony concluded the day’s proceedings. He will be re-called to the stand Thursday, Sept. 18.
Prosecutors told the judge they’re on track to finish their presenation by some time Sept. 18. The defense will then get a chance to present its case. Closing arguments could begin by Sept. 19. It’s unknown if Herbert Swilley will testify in his own defense.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Defendant’s daughter testifies for the state in Day 3 of Ocala murder trial
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
USA TODAY Network via Reuters Connect
