US citizen David Swain, second right, is escorted to the
prison vehicle after being found guilty of murdering his
wife during a 1999 scuba-diving trip in Tortola, British
Virgin Islands. (AP Photo/Todd VanSickle)
A US man faces life in a sweltering Caribbean prison
after a jury convicted him of drowning his wife during a
scuba-diving trip a decade ago in what prosecutors called a
near perfect murder.
When dive shop owner David Swain was led out of a British
Virgin Islands court and into an armoured car - his
sallow face lit by camera flashes - it closed a chapter in a
mystery that began in March 1999 when his wife's body was
found floating in the turquoise waters off the British Virgin
Islands.
Police at first wrote off Shelley Tyre's drowning as a tragic
accident, a strange but otherwise unremarkable death of an
experienced diver on a romantic getaway to one of the
hemisphere's premier dive spots. Swain, of Jamestown, Rhode
Island, testified he tried to revive his petite, 46-year-old
wife using CPR following a mysterious accident.
But Tyre's parents suspected that Swain, 53, had killed her
and wouldn't let it drop, pursuing a murder trial.
Authorities in this British territory eventually charged
Swain with murder after a 2006 civil trial in Rhode Island
found him responsible for his wife's death. That jury awarded
Tyre's family $3.5 million, but Swain filed for bankruptcy
and has not paid the sum.
Ten years later, a nine-member British Virgin Islands jury
delivered a unanimous guilty verdict following a sensational
trial that heard expert testimony indicating Swain wrestled
his wife from behind underwater, tore off her scuba mask and
shut off her air supply while they swam near an underwater
shipwreck.
Prosecutors accused Swain of drowning his wife on the last
day of their Caribbean vacation so he could pursue a romance
with a Rhode Island chiropractor as well as gain his wife's
inheritance estimated at $630,000. They said Tyre's drowning
in the deep was almost a perfect murder.
After obtaining permission from the judge following the
verdict, the victim's father, Richard Tyre, walked to the
witness box and clutched a microphone with a trembling hand.
"We're old, we're in our 80s, and when Shelley was killed,
our life pretty much ended," he said in a broken voice.
Minutes later, he gave another emotional statement to
reporters outside the court, telling them he felt "extremely
good that people like David Swain won't be able to hurt any
more women."
Swain, dressed in a tan suit and tie, looked straight ahead
as the verdict was announced.
A judge expects to sentence him on Nov. 4. He faces life in
prison in the hilltop prison in Tortola, where he has been
held for about two years.
Defense attorney Timothy Bradl, of the Boston-based firm
Denner Pellegrino, said the verdict would be appealed to the
Eastern Caribbean Supreme Court. He said the defense team
noted several problems during the judge's summation, but did
not give any specifics.
Swain's two adult children, who attended each day of the
three-week trial, breathed heavily after the verdict was read
and quietly embraced their gaunt father before he was
escorted out.
"My father is an innocent man," son Jeremy Swain later told
reporters from U.S. TV networks, his voice thick with
emotion. Swain's children expressed frustration with the
trial.
The nine jurors had four hours to produce a verdict under
local law. Although only a seven-vote majority was required,
Supreme Court Justice Indra Hariprashad-Charles urged the
seven women and two men to issue a unanimous verdict after
giving a three-hour summation of the case, and they did.
Tyre's mask was damaged, the mouthpiece of her snorkel was
missing, and her fin found embedded in a sandbar - evidence
that prosecution witnesses testified were clear signs of a
violent struggle.
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