TORTOLA, British Virgin Islands — David Swain, an American described by prosecutors as "arrogant", believed he had got away with the murder of his wife, Shelley Tyre, who was found floating in the water near a local shipwreck. But on Tuesday night a court on the Caribbean islands ruled that rather than attempting to rescue and revive his wife as he had always maintained. Swain had in fact killed her in a brutal underwater struggle. He now faces life imprisonment on the island of Tortola, a British territory. The court heard how, Swain, a 53-year-old diving shop owner, wrestled his wife from behind, tore off her scuba mask and shut off her air supply while the pair were swimming near the wreck on the last day of their holiday in March 1999. Prosecutors said Swain, from Rhode Island, wanted his wife out of the way so he could get hold of her inheritance, worth an estimated £384,000, and pursue a romance with a chiropractor, Mary Basler. Swain almost got away with his crime. Although they were both experienced divers, police initially dismissed his 46-year-old wife's death as an accident. The court heard how, half an hour after they dived together, Swain surfaced alone. Christian Thwaites, who had accompanied them on the trip, later found Miss Tyre floating in the water at a depth of 80 feet. Swain, who had medical training, said he performed CPR on her for about two or three minutes before concluding she was dead. However, his wife's parents suspected he had killed her and pursued the case. A civil court in Rhode Island in 2006 found him responsible for her death and awarded her family $3.5 million, but Swain filed for bankruptcy and has never paid any of it. The civil case prompted Tortola's authorities to pursue criminal charges and Swain was extradited the following year. His murder trial heard how his wife's diving mask was damaged, her snorkel's mouthpiece was missing and one of her flippers was found embedded in a sandbar - evidence of a violent struggle, according to the prosecution. In addition, there was still air in her tank when her body was found. The trial heard evidence from several diving experts as well as from Miss Basler, whom Swain had described as his "soulmate". He reportedly began pursuing a relationship with her two weeks just after his wife's drowning and admitted kissing her at least once while Miss Tyre was still alive. The court heard that the couple had had a pre-nuptial agreement whereby Swain could not get any of his wife's money if they divorced. Defence lawyers claimed Miss Tyre had been drinking heavily the night before her death and panicked in the water. They also said the autopsy report was unreliable and did not rule out that she may have died of a heart attack or stroke. After the verdic, the victim's father, Richard Tyre, made an emotional statement from the witness box. "We're old, we're in our 80s, and when Shelley was killed, our life pretty much ended," he said in a faltering voice. Later, he said he felt "extremely good that people like David Swain won't be able to hurt any more women". Swain will be sentenced on Nov 4. His defence said it would appeal the verdict while Swain's two adult children, who attended each day of the three-week trial, embraced their father before he was led away. His son, Jeremy, insisted his father was "an innocent man". by Tom Leonard | 
