Diver convicted in wife's drowning

[DandyDon]

The common wisdom among criminal defense lawyers is NEVER TALK TO THE AUTHORITIES. A corollary is NEVER TALK TO ANYONE OTHER THAN YOUR OWN ATTORNEY.

The basic thought is that anything you say can and will be used against you, while nothing you say can be used to benefit you. Further, a careless word may be all that it takes to turn suspicion toward you.

Take a look at: YouTube - Don't Talk to Cops, Part 1

My remarks were meant as sarcasm. It just seems that if the local Barney Fife's had done a better job 10 years ago, either both sides would have been happier from extensive investigation discovering a natural cause or guilt would have been pursued then with better evidence.

Instead, it seems the local prosecutor became interested only after her parents went after him in civil court, and who knows behinds the scenes, spent a lot of money on a show trial & conviction that has a good chance of being overturned. The usual preferred route for locals in my cynical mind is "What looks best for business?" and they failed at that too.

It could be worse. It could have all happened in a Spanish speaking country & court, involving Spanish speaking prison, perhaps in a country where money can buy so much more. A few dive destinations come to mind.

No, if I lose a buddy hiking, climbing, riding, diving, etc - I'll do my best to find him, save him, or failing those - locating the closest consulate for help finding a lawyer. I've had buddies vanish on me on dives, me frantic, them later "Oh I was fine," enough that I try to watch both of us closer.

 

[AfterDark]

My remarks were meant as sarcasm. It just seems that if the local Barney Fife's had done a better job 10 years ago, either both sides would have been happier from extensive investigation discovering a natural cause or guilt would have been pursued then with better evidence.

Instead, it seems the local prosecutor became interested only after her parents went after him in civil court, and who knows behinds the scenes, spent a lot of money on a show trial & conviction that has a good chance of being overturned. The usual preferred route for locals in my cynical mind is "What looks best for business?" and they failed at that too.

It could be worse. It could have all happened in a Spanish speaking country & court, involving Spanish speaking prison, perhaps in a country where money can buy so much more. A few dive destinations come to mind.

No, if I lose a buddy hiking, climbing, riding, diving, etc - I'll do my best to find him, save him, or failing those - locating the closest consulate for help finding a lawyer. I've had buddies vanish on me on dives, me frantic, them later "Oh I was fine," enough that I try to watch both of us closer.

Don you hit the nail squarely on the head in this post. Sad truths indeed.

 

[DCBC]

"I am perhaps a little quick to judge, but IMO if someone is cheating on their spouse, I am not going to assume they are honest in other aspects of their life".

I hear what your saying DiveMom. I just think that because a guy cheats on his wife (it takes two to tango) it doesn't mean that he's capable of murdering someone. People fall out of love; it happens and it's unfortunate.

We don't know what really happened and I guess I'm more apt to give another person the benefit of the doubt, unless I see evidence to the contrary. I haven't seen any evidence that this guy is guilty. He may be, I just haven't seen anything. In my mind he's innocent until there's proof. I wouldn't send someone to jail unless I was sure. Juries have been known to make mistakes. So I want to give the guy the same break as I would want if things were reversed.

 

[ItsBruce]

As far as what it takes to prove guilt beyond a reasonable doubt, we have all probably been poisoned by the crime shows we watch on TV. If the degree of evidence that we seem to require based on TV is really what it requires to prove guilt beyond a reasonable doubt, no one should have been convicted of any crime prior to 1995! What proof was there that Charles Manson really ordered the Tate killings? What proof was there that Sirhan Sirhan shot Robert Kennedy? And, FWIW, confessions are nearly useless ... far too many innocent people have been put in prison based on false confessions or confessions they were tricked into giving.

 

[DandyDon]

Whatever. Really makes me want to work on my solo diving skills so I can't be investigated for anyone. If the need to rescue someone arises, I guess I'll do my best and hope for the best, with passive assistance anyway. If I have to fight anyone in a panic, maybe just wait them out.

 

[Cave Diver]

---

---

A ScubaBoard Staff Message...

I split the divergence on discussion of prisons to this thread:
http://www.scubaboard.com/forums/su...ons-split-diver-convicted-wifes-drowning.html

---

 

[AfterDark]

David Swain will be sentenced Wednesday 11/4

 

[Rhone Man]

David Swain will be sentenced Wednesday 11/4

Just to be clear, the crime of murder carries a mandatory life sentence under BVI law, so the actual determining of sentence won't take long. However, the judge may make a recommendation for the minimum amount he should serve before being eligible for parole.

I suspect in practice it will be slightly academic exercise; even if he is not successful on appeal, it is highly likely he will be transferred to the US to serve out his sentence, and the question of his parole will become a matter for the relevant Federal parole board to consider (although I suppose they might have regard to the BVI judge's recommendations).

A few old timers like myself will be morbidly curious to see how an application to serve out sentence in the US will be treated. About 25 years ago another US citizen was convicted of the manslaughter of a local man (punched him and he fell into the water and drowned). That guy made the strategic legal mistake of saying in the interview "What is the fuss about? He was only a n******," which on any view wasn't a very clever thing to do. Anyhow, he was convicted and sent back to Texas to serve out his time. But the authorities in Texas paroled him after a very short period of time. People in the BVI were understandably furious, and vowed not to send any more US citizens back to serve out sentences. I don't think we have had an one since then. As I say, it was 25 years ago, and people cool off after saying things in the heat of anger, but I will be slightly curious to see if a very poor decision by the correction authorities in Texas rebounds in a very unfortunate way on Mr Swain.

 

[AfterDark]

So this is the latest, doesn't look good.

Prosecutor: Swain should serve at least 25 years
1:13 PM Wed, Nov 04, 2009
By Mason Marcus
Associated Press

TORTOLA, British Virgin Islands -- A Rhode Island man convicted of killing his wife during a 1999 scuba trip should serve at least 25 years in prison before getting parole, prosecutors in the British Virgin Islands told a judge on Wednesday.

David Swain, 53, automatically faces a life sentence after a jury found him guilty last week, but he can be eligible for parole, and Supreme Court Justice Indra Hariprashad-Charles heard defense and prosecution arguments on when it might be allowed.

Swain sat expressionless and did not speak.

Defense attorney Hayden St. Clair-Douglass presented the judge with about 40 letters from Swain's friends and family and asked that he serve 18 years before receiving parole. He said Swain was a model prisoner and had no prior criminal convictions.

Prosecutor Grace Henry-McKenzie said Swain should serve at least 25 years, arguing that Swain killed Shelley Tyre for financial gain and had abused her trust.

The judge expects to sentence Swain, a former Jamestown councilman and dive-shop owner, on Nov. 10.

During the three-week trial, prosecutors accused Swain of killing Tyre so he could pursue a romance with another woman. They presented experts who said they believed Swain wrestled his wife from behind, tore off her scuba mask and shut off her air supply.

The defense had maintained that the drowning was accidental and said a poorly done autopsy report could have excluded a stroke or heart attack as reason for her death.

Swain already has been found responsible for his wife's death in a 2006 civil trial in Rhode Island.

 

[Ayisha]

I must say that I find it surprising that his own defence council requested that Swain serve 18 years before being paroled, rather than a lot less. What might the reasoning be for requesting 18 years rather than, for an extreme example, one year before parole?

So the life sentence will probably carry a mandatory time served of somewhere between 18 - 25 years before being paroled. The defence and prosecution are (surprisingly to me) not very far apart...