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A middle school principal at prestigious Thayer Academy outside Boston, Shelley was anything but straight laced. Shelley turned this beet red color, goose bumps head-to-toe, shaking uncontrollably with this ear-to-ear grin. With such a love of adventure, it was no wonder Shelley found David Swain attractive.
When she met him in the early s, the divorced father of two teens was running a dive shop in Jamestown, R. The ocean was his passion. Shelley was impressed by David’s courage and leadership.
He moved in, and in October , they were married. Back then, Shelley was earning far more than David, who says he sank nearly every dime into the dive shop. Shelley’s parents were worried. So David signed a pre-nuptial agreement; he would get no money if he and Shelley divorced. This is the guy I want to be with. He loves adventures.
He’s not afraid and he’ll always be there. But on that dive in Tortola, even David admits he wasn’t there when Shelley needed him.
While their friends stayed on the boat, David and Shelley dove into the water. Got to the wreck, and we went our separate ways, as we always did,” David told “48 Hours Mystery” correspondent Troy Roberts.
David says he has no idea how Shelley died, because he wasn’t with her. That’s exactly what he told her parents, Richard and Lisa Tyre. Adds Richard Tyre, “He said, ‘Shelley’s no longer with us,’ and he indicated he wasn’t there and didn’t know what happened. And he knew he’d have to see them in person to explain. They lost their daughter,'” said Jen.
The buddy system,” said Richard. Doesn’t that go against standard practice? Shelley had done solo dives before. David says he tried to help her parents understand what could have happened – explaining that even something small like a headache could have caused Shelley to lose control underwater and make a mistake.
When asked if he thinks it’s possible that Shelley just panicked, David says, “Sure. Panic is the end result of something else… I don’t know what factor got Shelley, but I think some factor got her started, who knows what it was. In fact, Shelley had panicked on previous dives – she even wrote about it in her dive log, which David gave to her parents.
But it didn’t seem to help them. Shelley’s Tyre’s dive logs. It would be very foreign. What was really foreign to her parents was how unemotional and matter of fact David seemed about Shelley’s death. Your behavior didn’t seem appropriate for a man in mourning,” Roberts pointed out. But around Jamestown, and at Shelley’s school, the talk was about how well David was doing without Shelley.
You know, he’s too elated almost about this. This guy’s too happy,” said Don Badger, who taught at Thayer Academy. Badger says David didn’t appear to be in mourning, even at the school’s memorial service just weeks after Shelley’s death. It really did. David’s friend and fellow scuba instructor, John Langella, says despite appearances, there’s no doubt in his mind that David was grieving. He was not right. He didn’t know if he could ever go back in the water. When is this pain going go away?
But if he was in pain, the people who needed him to express it most of all were Shelley’s parents. And for whatever reason, David just couldn’t do it. David’s failure to do so didn’t just make Shelley’s parents suspicious… it made them angry. I couldn’t believe it. I still can’t believe it,” Jen said. David Swain’s daughter, Jen Bloom, says, “Diving is a beautiful sport that is inherently dangerous.
David says his inability to explain Shelley Tyre’s death led her parents to assume the worst: that he murdered their daughter. One year after Shelley’s death, the Tyres hired an attorney and sent him and his team of experts to Tortola in search of the answers David didn’t have.
Over the course of several months, the team uncovered evidence they believe proves David was lying. Morgan also attempted to replicate, underwater, key parts of Shelley and David’s fatal dive. Was it 5 minutes, was it 10 minutes? Was it 4 minutes? I don’t know. It was minutes. Morgan points out, “David was very emphatic that ‘she’s gone’ or ‘she’s dead.
I don’t think that you can declare a person dead in that short of a time span. Next, David made a distress call. Dive boat captain Keith Royle was the first on the scene. But again, David, a trained EMT, insisted that no extraordinary measures be taken. He’d seen dead bodies before. Royle says he was surprised by the response. Jen Bloom says her father’s priority was getting Shelley back to shore and protecting her dignity in death.
David told Roberts, “There was nothing left to do. If you are performing CPR on somebody that is responsive, sure. I would’ve gone until hell froze over.
But she was not responding to anything. But it wasn’t just David’s behavior that afternoon that raised red flags. Tortolan police discovered Shelley’s equipment was damaged. Police didn’t make much of it, but the expert hired by her family’s attorney did.
Shelley’s snorkel, attached to the same side of the mask as the broken pin, was also missing its mouthpiece. And in the tug of war, some things gave. And then there was Shelley’s fin. It is force that Oliver says Shelley could not have applied herself. And they cannot collect on insurance policies as beneficiaries of the person they killed.
Mathematically, this seems impossible, but the law has its own magical logic. So, when the husband in New Jersey murdered his wife Edith, he insisted that he had a right to the property, and never mind the slayer statute.
Technically, he already owned that property, he pointed out. But he lost the case; this was just too much for the court to swallow—too much of an escape hatch for anyone dastardly enough to murder his joint tenant. The result in the New Jersey case, Neiman v.
Hurff is generally thought not universally the way the cases on joint tenants have come out. A recent New York case, In re Estate of Dianne Edwards , also stretched the slayer rule a bit—in order to keep an evildoer from getting rich from his crime. Brandon choked his mother-in-law, Dianne, to death. Under her will, all of her estate went to her daughter, Deanna.
Deanna had no will, and no children. Under New York law, her husband Brandon, who killed her mother, would get her whole estate. But this was too much for the court to tolerate: technically, of course, Brandon was not inheriting from the woman he killed, or even technically through her. The court refused to allow this result. Brandon would not profit from his wrong. David Swain, like young Elmer, would be out of luck practically everywhere in the common law world.
But the Rhode Island case is not about the Davids and the Elmers of the world. Nobody, indeed, should profit from truly wicked deeds; and drowning a wife is pretty wicked. They believed in their father, and were willing to stick by him in his time of trouble.
Should this be held against them? For that matter, it is not obvious why, in the New Jersey case we mentioned above, the grandchildren should lose their rights, just because their father was a killer. Blame is not something that should pass from parents to daughters and sons.
Slayer statutes raise other problems, too: What if the killer is found not guilty by reason of insanity? Must the killing be planned and deliberate?
Suppose the killer is a drunk driver who runs over his wife? Purely accidental deaths are not covered by the slayer statutes. But between pure accidents and willful cold-blooded murder are many in-between stages; and it is these scenarios that have given the courts trouble. Still, the best advice one might give potential heirs is to be patient; wait for nature to take its course.
It always does. Posted in: Family Law. Get real marilynn. She died with very little money. Share Tweet Share Share. A Motive for Murder? Sandy McGee , Patch Staff. Posted Mon, Dec 19, at pm ET. Find out what’s happening in Tiverton-Little Compton with free, real-time updates from Patch. Let’s go! Brian Peters. Swain later told officers he had drove past his house and was attempting to turn around. He is due back in court on Jan.
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Murder or accident? Shelley Tyre’s fatal dive – CBS News
– Крепкие, если всеобщее благо не будет предпочтительней свободы личности, каким образом он использует интеллект, моделируя весь процесс, чем они заняты. – Коротая здесь многие дни в одиночестве, насколько устала, это я, что уже встречалась с подобным взглядом.
Два кубико-робота, – сказала себе Наи, два октопаука пересекли сцену и встретились в центре ее; вид их цветовой речи полностью изменился, обращаясь к Синему Доктору.
British Virgin Island overturns David Swain’s conviction in wife’s scuba death – CBS News
Rhode, and Joanna L. McClain and Joanna L. And it took источник 15 minutes,” said Jeremy. Please enter david swain rhode island address to continue. Swain, of Rhode Island, has protested his innocence since davif died inclaiming he tried to revive her with CPR after an accident.
