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BVI judge hears requests before sentencing RI man

November 4, 2009

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TORTOLA, British Virgin Islands—Prosecutors in the British Virgin Islands say a Rhode Island man convicted of killing his wife while scuba diving should serve at least 25 years in prison before getting parole.

David Swain automatically faces a life sentence after a jury found him guilty last week. But he can be eligible for parole, and a Caribbean judge heard arguments Wednesday on when it might be allowed.

A defense lawyer presented the judge with about 40 letters from Swain's friends and family and asked that he serve 18 years before receiving parole. He said Swain was a model prisoner and had no prior criminal convictions.

But Prosecutor Grace Henry-McKenzie said Swain should serve at least 25 years, arguing that Swain killed Shelley Tyre for financial gain and had abused her trust.

The judge expects to sentence Swain on Nov. 10.