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Judge to deliberate over proposed dismissal of charges against David Swift
RACHEL TOWNSEND
What initially began as a bond hearing for defendant David Swift turned into an appeal for dismissal hearing following various motions submitted to the courts by David Swift’s attorney Daniel Taylor. David Swift is accused of charges relating to the 2011 murder of his wife Karen Swift.
David Swift was found innocent of 1st and 2nd-degree murder and attempted murder charges outlined in the District Attorney’s [DA] 2022 indictment during a murder trial held from May 28 to June 6, 2024.
A mistrial was declared after the jury was hung on the lesser charge of voluntary manslaughter. A superseding indictment was issued on June 20, 2024, for the charges of voluntary manslaughter, as the DA’s office moved forward to prosecute.
During the Tuesday, July 2 hearing, the District Attorney’s Office and the defense agreed to dismiss the 2022 indictment of David Swift and will move forward with the charges of voluntary manslaughter and aggravated assault in the new 2024 indictment
In opposition to the 2024 indictment presented during Tuesday's hearing, Taylor stated that voluntary manslaughter and all other lesser offenses exceeded the statute of limitations, were not specified in the 2022 indictment, and should have never been ruled on during the trial. Taylor cited other cases where an appellate court ruled for dismissal under similar circumstances.
He also noted that toll statutes were never presented in the 2022 indictment, nor were any of the lesser charges the jury deliberated on during the trial. Because of this, Taylor argued that lesser charges should not have been included in the jury’s instructions for deliberation, which would have then resulted in the full acquittal of David Swift. Taylor expressed an opinion that a re-trial based on expired charges would essentially be double jeopardy.
District Attorney General Danny Goodman stated the 2024 indictment was not an amended 2022 indictment but a new indictment. He countered Taylor’s arguments citing Tennessee toll statutes that outline the statute of limitations on crimes does not apply to any years where the defendant resided outside of Tennessee.
Goodman says that from 2014 to 2016 David Swift resided in various other states, making the statute of limitations on the lesser offenses valid for a 2024 indictment. Goodman said that while the lesser offenses were not listed in the 2022 indictment, the jury’s power to deliberate on lesser charges during the trial was made at the court’s discretion.
Swift has waived his right to an arraignment and is not requesting a bond. Taylor told the court that Swift does not want to burden his family financially. Taylor says he will continue to represent Swift, moving forward. Taylor is a court-appointed attorney. In a post-hearing interview with Taylor, he stated hopes to “see this case through.” Goodman says he is ready to move forward with a retrial.
Judge Mark Hayes announced that he would be taking time to consider both positions. Hayes set the next appearance of Swift is set for July 30, at 1 p.m. in Dyer County Circuit Court.