Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
25 years |
Years Imprisoned: |
4 |
Year Crime: |
1999 |
Year Convicted: |
2009 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Virgin Islands (British) |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"David Swain was wrongly convicted on October 27, 2009 of murdering his wife Shelley Tyre when they were diving off of Cooper Island in the British Virgin Islands. Swain was sentenced to 25 years in prison. On September 28, 2011 the BVI Court of Appeals unanimously overturned his conviction and ordered his release based on insufficient evidence of his guilt. The appeals court noted that the trial judge prevented the jury from considering that the death of Swain's wife was an accident." |
Conviction Caused By: |
The trial judge prevented the jury from considering that the death of Swain's wife was an accident. |
Innocence Proved By: |
"On September 28, 2011 the BVI Court of Appeals unanimously overturned his conviction and ordered his release based on insufficient evidence of his guilt." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"David Swain walks free, By Steven Melendez (staff), British Virgin Islands Beacon, September 29, 2011" |
Information Location 1: |
http://www.bvibeacon.com/1/index.php?option=com_content&view=article&id=1092%3Adavid-swain-walks-free&catid=230%3Alocal-news-sept-29-2011&Itemid=61 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org