David Swain Guilty of MURDER

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cerich

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R.I. Man Guilty of Killing Wife During Scuba-Diving Trip - Local News | News Articles | National News | US News - FOXNews.com

TORTOLA, British Virgin Islands — A jury convicted a Rhode Island man of murder Tuesday in the drowning of his wife during a 1999 scuba-diving trip in the British Virgin Islands.

A judge expects to soon sentence David Swain, who would be sent to a Tortola prison where he already has been held for about two years.

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.

Prosecutors accused Swain of killing his wife, Shelley Tyre, so he could pursue a romance with a Rhode Island chiropractor as well as gain his wife's inheritance estimated at $630,000 and save his now-shuttered dive shop.

The prosecution presented experts who testified that they believed Swain wrestled his wife from behind, tore off her scuba mask and shut off her air supply while diving near a shipwreck.

The drowning was initially ruled an accident, but authorities in the British Virgin Islands 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.

Swain was extradited to the British Virgin Islands the following year and had been jailed since.

Defense attorneys maintained the poorly done autopsy report could not rule out medical reasons for Tyre's death, including the possibility that she suffered a heart attack or stroke during what they say was an accidental drowning.

The trial, which began nearly three weeks ago, was postponed last year after defense lawyers said they had trouble finding experts because of financial constrictions.
 
He has a few appeals yet. I learned from another thread on this subject by a BVI lawyer that most of these verdits are overturned on appeal. I think it's in the 90% range. An overturn is probable since there is no physical evidence or eyewitnesses.
Just expert opinions. I can't imagine any civilized country would sentence someone to life on expert opinions only. Hope the appeals don't take as long as the trial to happen. I worked with David for 15 years and dove with him weekly for 10+ years. I never heard him even talk of violence towards someone never mind actually do it.
I'm still kinda shocked
 
He has a few appeals yet. I learned from another thread on this subject by a BVI lawyer that most of these verdits are overturned on appeal. I think it's in the 90% range. An overturn is probable since there is no physical evidence or eyewitnesses.

Appeals take lots of money to hire lawyers. He barely scraped together the money to hire a lawyer this time (that's why it took 2 years after he was extradited). I'd think he'd even have a harder time getting the money together for an appeal. Any way you cut it, he has a rough road ahead of him.
 
Wow. Only David Swain will really know.

That's the problem for me. If someone is convicted beyond a reasonable doubt, we shouldn't be able to say things like that. Yet we can....
 
He has a few appeals yet. I learned from another thread on this subject by a BVI lawyer that most of these verdits are overturned on appeal. I think it's in the 90% range. An overturn is probable since there is no physical evidence or eyewitnesses.
Just expert opinions. I can't imagine any civilized country would sentence someone to life on expert opinions only. Hope the appeals don't take as long as the trial to happen. I worked with David for 15 years and dove with him weekly for 10+ years. I never heard him even talk of violence towards someone never mind actually do it.
I'm still kinda shocked


I've worked in law enforcement for many years(as cop and attorney) and you'd be surprised what people are capable of doing toward a select individual. They may harbor no ill will toward anyone else, but this one person whom they perceive is in their way(for lack of a better phrase). Mr. Swain could probably rejoin society right now and never hurt anyone again...or maybe not. Just because he wouldn't kill his friend or co-worker doesn't mean he didn't have the means, opportunity or motive to kill his estranged wife on the last dive of a week-long vacation in tropical paradise.

There are tons of cases just like this even in our own backyard. I've been involved in murder cases where there was no physical evidence at all just eyewitnesses...result was 1st degree murder conviction. Another case, the victim's body was never found....result was husband guilty of murder. And even the respected doctor from Wellesley can be found guilty of slashing and bludgeoning his wife to death. So, why can't Mr. Swain drown his estranged wife to try to make it look like an accident?

I never knew Mr. Swain and I don't have a stake in the matter. I'm just letting those people that are not acquainted with the criminal justice system that these sort of cases happen all the time. That's why we should all stop watching CSI-Miami, CSI-NCIS, CSI-NY, CSI-Chicago, CSI-Tortola or whatever spin-off series they are on now. Those shows give the false impression that w/o deep-rooted, irrefutable scientific evidence, no one can be found guilty of anything. It also teaches criminals how to sterilize the crime scene(or try to).

just my 2 cents...

LobstaMan
 
R.I. Man Guilty of Killing Wife During Scuba-Diving Trip - Local News | News Articles | National News | US News - FOXNews.com

TORTOLA, British Virgin Islands — A jury convicted a Rhode Island man of murder Tuesday in the drowning of his wife during a 1999 scuba-diving trip in the British Virgin Islands.

A judge expects to soon sentence David Swain, who would be sent to a Tortola prison where he already has been held for about two years.

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.

Prosecutors accused Swain of killing his wife, Shelley Tyre, so he could pursue a romance with a Rhode Island chiropractor as well as gain his wife's inheritance estimated at $630,000 and save his now-shuttered dive shop.

The prosecution presented experts who testified that they believed Swain wrestled his wife from behind, tore off her scuba mask and shut off her air supply while diving near a shipwreck.

The drowning was initially ruled an accident, but authorities in the British Virgin Islands 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.

Swain was extradited to the British Virgin Islands the following year and had been jailed since.

Defense attorneys maintained the poorly done autopsy report could not rule out medical reasons for Tyre's death, including the possibility that she suffered a heart attack or stroke during what they say was an accidental drowning.

The trial, which began nearly three weeks ago, was postponed last year after defense lawyers said they had trouble finding experts because of financial constrictions.

Why does not the British provide the funds necessary for a proper criminal legal defense for indigent defendants as the USA legal system allows? I am tired of Europe's constant criticisim of all facets of American society being barbaric, militaristic, etc. :shakehead:
 
I've worked in law enforcement for many years(as cop and attorney) and you'd be surprised what people are capable of doing toward a select individual. They may harbor no ill will toward anyone else, but this one person whom they perceive is in their way(for lack of a better phrase). Mr. Swain could probably rejoin society right now and never hurt anyone again...or maybe not. Just because he wouldn't kill his friend or co-worker doesn't mean he didn't have the means, opportunity or motive to kill his estranged wife on the last dive of a week-long vacation in tropical paradise.

There are tons of cases just like this even in our own backyard. I've been involved in murder cases where there was no physical evidence at all just eyewitnesses...result was 1st degree murder conviction. Another case, the victim's body was never found....result was husband guilty of murder. And even the respected doctor from Wellesley can be found guilty of slashing and bludgeoning his wife to death. So, why can't Mr. Swain drown his estranged wife to try to make it look like an accident?

I never knew Mr. Swain and I don't have a stake in the matter. I'm just letting those people that are not acquainted with the criminal justice system that these sort of cases happen all the time. That's why we should all stop watching CSI-Miami, CSI-NCIS, CSI-NY, CSI-Chicago, CSI-Tortola or whatever spin-off series they are on now. Those shows give the false impression that w/o deep-rooted, irrefutable scientific evidence, no one can be found guilty of anything. It also teaches criminals how to sterilize the crime scene(or try to).

just my 2 cents...

LobstaMan

I was a cop also, I know what you mean, but Dave doesn't fit the profile. If you knew him you'd agree. As a LEO you should know that sending someone to prison for life on circumstancel evidence only is not justice, it's a miscarriage of justice. If someone is planning to kill someone they usually don't want possible witnesses. In this case either of the 2 people they were with could have shown up in the clear water unexpected in the middle of the act. No, it's a pretty safe bet he didn't do this. Aside from drowning the cause of death is not known because an autopsy was NEVER DONE! Heart attack, stroke.....??????
 
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Why does not the British provide the funds necessary for a proper criminal legal defense for indigent defendants as the USA legal system allows? I am tired of Europe's constant criticisim of all facets of American society being barbaric, militaristic, etc. :shakehead:

The presumption of innocence is not part of the Brit system either. It's not one world.:no:
 
I was a cop also, I know what you mean, but Dave doesn't fit the profile. If you knew him you'd agree. As a LEO you should know that sending someone to prison for life on circumstancel evidence only is not justice, it's a miscarriage of justice. If someone is planning to kill someone they usually don't want possible witnesses. In this case either of the 2 people they were with could have shown up in the clear water unexpected in the middle of the act. No, it's a pretty safe bet he didn't do this. Aside from drowning the cause of death is not known because an autopsy was NEVER DONE! Heart attack, stroke.....??????

I'm not saying he's guilty as the day is long, I'm just pointing out that there have been many criminal cases(some that I have been personally involved in) that have had no or very little scientific, CSI-like evidence. That's why these other types of evidence, i.e. circumstantial, exist in the fist place. Obviously, I've read only what I've seen in the paper and the internet, but there does seems like there are grounds for an appeal. Which there almost always is...doesn't mean it's a winner. In MA he'd automatically get an appeal to the SJC if convicted of 1st degree. Who knows what happens in the British/Eastern Caribbean justice system? I just know I wouldn't want to be him right now.

LobstaMan
 
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