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SCUBA DIVING PAGE ONE :: WORLD NEWS :: INDUSTRY

PADI dive shop owner found guilty of murdering wife during scuba dive

October 27, 2009

TORTOLA, British Virgin Islands — A jury convicted a U.S. man of murder Tuesday in the drowning of his wife during a scuba-diving excursion a decade ago, dashing what prosecutors called a bid to get away with a nearly perfect crime.

Former dive shop owner David Swain, 53, of Jamestown, Rhode Island, dressed in a tan suit and tie, looked straight ahead as the unanimous verdict was read following a sensational trial that heard accusations he killed Shelley Tyre to pursue a romance with another woman and get his hands on his wife's money.

Tyre's drowning near an isolated shipwreck at a depth of 80 feet 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.

A judge expects to sentence Swain on Nov. 4. He faces life in prison in the sweltering hilltop prison in Tortola, where he has been held for about two years.

After obtaining permission from the judge following the verdict, the murdered woman'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, where children in their school uniforms watched and chickens pecked at the dirt. Tyre said he felt "extremely good that people like David Swain won't be able to hurt any more women."

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.

Defense attorney Timothy Bradl, of the Boston-based firm Denner Pellegrino, said the verdict would be appealed to the Eastern Caribbean 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 and the Tyres.

Prosecutors accused Swain of drowning his petite wife on the last day of their March 1999 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.

The prosecution presented experts who testified they believed Swain wrestled his wife from behind, tore off her scuba mask and shut off her air supply while they swam near the shipwreck. Her mask was damaged, the mouthpiece of her snorkel was missing, and her fin found embedded in a sandbar — which prosecution witnesses testified were clear signs of a violent struggle.

Swain, a former emergency medical technician, testified he tried to revive his wife in what he insisted was a mysterious accident. But he acknowledged that he quit giving CPR after two or three minutes.

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 defense called it a weak case that lacked physical evidence and was built on speculative theories and circumstantial evidence they argued was designed to roil the emotions of the jury. No eyewitnesses or DNA evidence linked Swain to the murder.

The trial, which attracted TV shows including "Dateline NBC," was one of the most sensational trials in the history of this tiny British Caribbean territory, where violence is relatively rare.

Its cast of characters included several diving experts and the Rhode Island chiropractor who Swain had called his "soul mate." He apparently began pursuing a relationship with her two weeks after his wife's drowning and admitted kissing her one evening when Tyre was still alive.

Some witnesses testified Swain did not appear to be sincere in his subdued grief after Tyre drowned. The prosecutor described his manner as "arrogant," and defense lawyer Hayden St. Clair-Douglas urged the jury to discard any feelings of "dislike" they might have toward Swain.

For Tyre's parents, the verdict was a long-delayed victory but it was clear her death broke their hearts.

"Nothing will bring her back," Richard Tyre said from the witness box after the verdict was read.

by David McFadden

 

David Swain flying high
David Swain on trial for murder
Flying high: former PADI 5-star dive shop owner, David Swain (above photo) "traveled very lavishly and extravagantly" after inheriting $630,000 from his wife, who died while the couple was scuba diving in the British Virgin Islands.  Swain (below photo) during trial that found him guilty of drowning his wife, Shelley Tyre.

 

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  • SCUBA FORUM

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  • SCUBALINX :: Dive Virgin Islands
  • CYBER DIVER TRAVEL GUIDE :: USVI
  • CYBER DIVER TRAVEL GUIDE :: BVI
  • CDNN DESTINATIONS :: Virgin Islands
  • ScubaLinx Scuba Diving Directory

    SOURCE - CNN

     

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