RI man to serve 25 years in 1999 BVI scuba slaying
10:03 AM Tue, Nov 10, 2009 | Permalink
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David Swain
TORTOLA, British Virgin Islands (AP) -- A British Virgin Islands judge has ruled that a Rhode Island man must serve at least 25 years for killing his wife while diving in the Caribbean in 1999. David Swain faced a mandatory sentence of life in prison following his murder conviction last month. The defense asked that the 53-year-old be eligible for parole after 18 years. But the judge sided with the prosecutor and sentenced him to at least 25 years in Her Majesty's Prison at Balsam Ghut on the island of Tortola. Local authorities initially found no evidence of a crime after Shelley Tyre died while scuba diving. But Swain was charged after a civil court in the U.S. found him responsible for the death. Extra: From Tortola to R.I., one man's hunt for a suspected killer 
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What a shame that this travesty of justice has happened in the first place. Those of us who are experienced divers understand that there are 20 reasons Shelley could've died that don't include any intervention from a second diver. Circumstantial evidence doesn't make a murder out of a diving death. I feel for Shelley's family because they lost their daughter (and David lost his wife) to a diving accident - and the most difficult thing to for non-divers to accept is that there just aren't answers to every diving accident. Now I will hope and pray that the coming appeal will clear David's name so that Shelley can finally rest in peace.
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Mick is right - there were multiple possible causes for this death which do not involve another diver, and the completely shoddy autopsy and police investigation and lack of any chain of custody for the equipment, might have shown this. Even a small amount of surprise or medical problem can become full-blown panic, especially with 80 feet of water above you.
Beyond a reasonable doubt is a very high burden and should not be taken lightly, especially with only circumstantial evidence, just ask Scott Hornoff.
Everyone lost here, I hope that both families will find peace.
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