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.
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