updated
Thursday, 10:24 AM
From the Metro staff at The Boston Globe

Rhode Island man charged in his wife's mysterious Caribbean drowning

November 14, 2007 03:13 PM Email| Comments (0)| Text size +

ja0223_swain.jpg
(Andrew Dickerman/Globe Staff)

Swain spoke in court during his civil trial last year.

By Globe Staff

A Rhode Island man is facing a murder charge in the British Virgin Islands in connection with the death of his wife during a Caribbean vacation in 1999, federal prosecutors said.

David Swain of Providence was arrested at about 12:30 p.m. in Jamestown, R.I., by US marshals and was brought to the federal court in Providence for a hearing, said Rhode Island US attorney's spokesman Thomas Connell.

A judge in the British Virgin Islands has issued a murder warrant for Swain in the death of his wife, Shelly Arden Tyre, in March 1999, prosecutors said in a statement. The United Kingdom has requested that Swain be returned to the islands.

Tyre went diving to explore two wrecks with Swain off the island of Tortola. Swain surfaced alone after a half-hour underwater. Minutes later, Tyre's lifeless body was discovered in 80 feet of water.

US prosecutors said the island authorities have indicated that there is "overwhelming circumstantial evidence proving that Swain murdered his wife."

That evidence, the prosecutors said in a complaint seeking Swain's arrest, includes "unusual behavior by Swain following the death of Tyre, evidence concerning Swain's financial motivation for murdering his wife, medical expert testimony ruling out all known causes of accidental or natural death while scuba-diving, and expert testimony concerning the condition of the scuba equipment used by Tyre."

Terrence Williams, director of public prosecutions in the British Virgin Islands, had no comment.

In 2002, Tyre's parents filed a wrongful death suit against Swain. And in February 2006, a civil jury in Providence awarded them $4.8 million.

Swain, a dive shop owner who is a former member of the Jamestown Town Council, has claimed he is an innocent man. He has said his former in-laws just can't accept that Tyre's death was an accident.

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