Shelley's Last Breath

Tortola is a beautiful mountainous island in the Caribbean.

“It feels really exotic, but really safe at the same time for a tourist.”

[MUSIC] The ocean all around Tortola is beautiful, clear crystal water that you can see for several feet in. Tortola is gorgeous. [MUSIC] My name is John Bloom, and I'm the oldest child of David Swain.

In March of 1999, my father and his wife Shelley put together a trip to Tortola. [MUSIC] I felt so lucky that her and I had found each other and connected. She was just a phenomenal, wonderful woman. [MUSIC]

Shelley was absolutely passionate about diving, excited her on every level. She loved adventure. That was one of the attractions. I'm an adventurous person. She's an adventurous person.

“On the last day of the trip, my father and Shelley and their friends decided they wanted to dive this site called the Twin Tugs.”

My father and Shelley decided to go into the water first.

At some point they separated, they usually separated on dives. Shelley is specifically interested in her fish count in project. She had a slate and she would mark the kinds of fish she would send her water. [MUSIC] And I'd go off and take pictures.

He was an enjoying himself. He lived a lot to see. That was a little chilly and it wasn't that great of a dive so I decided the surface. And my father asked, "Had Shelley surfaced yet because he didn't know where she was." The other diver decided to go in and 10 minutes later he came up with Shelley's body.

My father went to start the whole CPR process, but she was already gone. She was not responding to anything. Nothing. I know she did. He loved her so much and he loved diving so much and then to lose her.

“Till something he loved, no one deserves that.”

[MUSIC] In most diving accidents, for all intensive purposes, appear to be just that, accidents. My name is Jeff Morgan, I'm an underwater forensic investigator. Shelley's equipment, the mass was broken, the mouthpiece from the snorkel was dislodged. That lends itself to believe that a struggle may have ensued underwater.

It is very suspicious. She had a couple medical things that could have gone wrong. Was it a mild stroke or a mild heart attack? Yeah, it didn't read anything in the autopsy report that would lead me to believe that it was a heart attack. It could have been a seizure, it could have been a headache, she could have panicked.

Once panicked sets in, almost every rule that you can think of is out the window. We don't know what happened to Shelley under 75 feet of water. I would characterize it as an accident. I truly did not believe that this was an accident. In my opinion, it was murder.

[MUSIC] Shelley's last breath. [MUSIC] It was the Caribbean vacation, Shelley Tire, have been looking forward to. Sunny, Sally, and Skuba diving with her husband and friends in Tortola.

And in March 1999, it finally happened.

They put together a really fun trip. I've got to do a lot of different things where they were sailing all around the British Virgin Islands. And they were diving off the sailboat they were living on. But on that fateful last dive, something went horribly mysteriously wrong. Now, Shelley was dead.

And the Tortola police wanted to talk to her husband, David Swain. He called his daughter, Jen. And he said I'm so sorry. I was with her, I don't know what happened, but Shelley today. And he was crying and he was very upset, and he was doing his best to get her home.

He said, the autopsy is going to have it, there's cops. [MUSIC] Tortola police began questioning David about every detail of the dive. And the local medical examiner performed the autopsy. But no one could figure out just how Shelley died.

So after a few days with no evidence of foul play, authorities ruled Shelley's death and accident and released her body to her husband. It had been a really rough flight, he had to load the coffin out to the plane himself. Someone came off the plane. David's son, Jeremy, came over to me and Jen, and he gave us a hug and he said it's all right.

It's going to be all right, and he was genuinely hurt. Shelley Tire was a swollen stature, but her impact on David and his children was enormous. And ten years after her death, David still remembers why he fell in love.

A middle school principal at prestigious Thera Academy, outside Boston.

“Shelley was anything but straight-laced.”

The Penguin Plunge. Every New Year's day on her frigid Rhode Island Beach, 500 to 1,000 people all though racing into the 37-degree water. Shelley stripped down to her swimsuit. The water hit you get down.

That sort of shock. Shelley turned his beat red-puller and goosebumps head to toe, shaking uncontrollably with your ear to ear grin. With such a love of adventure, it was no wonder Shelley found David's swim attractive. When she met him in the early 90s, the de force father of two teens was running a

die shop in James Town, Rhode Island. The ocean was his passion. It's been way back with this one to push, and then you pull this one out. My father is a teacher. He's a naturalist by nature.

You only have so much energy anyway.

“He taught me and my brother that the most important thing in the world is to teach and share”

what you know and be excited about the ocean. What would do is we're going to paddle out around this point. On one of his kayaking tours, Shelley went along. Suddenly there was this lightning storm going on and my father just took charge the whole thing and attached his boat to her boat and rode them on a vid.

Shelley was impressed by David's courage and leadership. He moved in and in October 1993 they were married. Back then, Shelley earned far more money than David. Well here we are at Ocean State School of Poolside. He says he's certainly every dime into the dives shop.

All the training necessary. Shelley's parents were worried. So David signed a preneutral agreement. He would get no money if he and Shelley divorced.

Dad never cared about money.

Shelley herself couldn't have cared about money. She just decided this is it. This is the guy I want to be with. He loves adventure. He's not afraid and he'll always be there.

But on that dive in Tertola, even David admits he wasn't there when Shelley needed him. While their friend stayed on the boat, David and Shelley dove into the water. Swam our course that we had all agreed upon. We got to the Rex and we went our separate way as we always did. David says he has no idea how Shelley died because he wasn't with her.

And that's exactly what he told her parents Richard and Lisa Tire. We got to tell her phone call and it was David. He said she was no longer with us and he indicated he wasn't there and didn't know what had happened. I knew that they were unhappy with me when I made the phone call that night.

He just assumed that divers always had buddies.

The buddy system and I kept saying we weren't you her buddy and he said no I left her. He said you split up from the dive which you said you normally do but doesn't let go against standard practice. I'm not a diver. I understand it. How many times have you broken the speed limit?

Every diver at one time when others diving alone. Shelley had done solo dies before and 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 under water and make a mistake. You think it's possible she just panicked? Sure panicked is the in-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 hadn't panicked on previous dies. She even wrote about it in her dive log which David gave to her parents but it didn't seem to help them. Because they're not divers, you know, unless you're a diver that this is going to be so foreign, it would be very foreign. But what was really foreign to her parents was how unemotional and matter of fact David seemed about Shelley's death.

I'm just not, I'm not an outwardly warm fuzzy guy. But your wife just died and your behavior didn't seem appropriate for a man in mourning. My daughter saw it, my son saw it. But around James Town and at Shelley's school, the talk was about how well David was doing without Shelley. This isn't right, he's too related almost about this, this guy is too happy.

Don Badger taught at Thayer Academy, he says David didn't appear to be in mourning, even at the school's memorial service just weeks after Shelley's death. It wasn't any salinity to what he was saying and I bothered so many of us there and it really did. Then, when David collected more than $600,000 from her estate, he started spending a lot of money very visibly, making pricey renovations to the dive shop, taking vacations, and even dating.

David's friend and fellow scuba instructor, John Langella says despite appearances, there's no doubt in his mind that David was grieving.

And knew he was upset, he was not right, he didn't know what he was going to do, he didn't know if he could ever go back in the water.

“He called me and he said, I'm not doing well, when is this pain going to go away?”

Sandy Wheeler is David's ex-wife, Jen and Jeremy's mother and has known him for 40 years. He was in a lot of pain and he didn't know how to handle the pain. But if he wasn't paying, the people who needed him to express it most of all were Shelley's parents. And for whatever reason, David just could not do it. In the year or two after Shelley's death, he was not able to say the things that the tires needed to hear.

When I heard through the grapevine that they were starting to throw the word murder around, I couldn't believe it.

I still can't believe it.

Every cell in my body wanted to go over there and just knock on the door and say, are you insane? Tiding is a beautiful sport that's inherently dangerous and it went horribly wrong and accidents happen. This is just a horrible accident, a Mr. I don't have the answers.

“David Swain says his inability to explain Shelley's death,”

let her parents to assume the worst that he murdered their daughter. I'm going to make you feel knowing that you're in laws, but you had killed their daughter. I'm going to make me sad, but not angry? They didn't know diving. One year after Shelley's death, the tires hired an attorney and sent him and his team of experts

to tortola in search of the answers David didn't have.

We just want to know the facts he never told us the facts.

Over the course of several months, the team uncovered evidence they believe proves David was lying. We asked a leading expert in underwater investigations to examine their findings. In reviewing the facts in this case, this was much more than just a simple scuba diving accident. Sergeant Chef Morgan, with the Sam Bernardino California Sheriff's Department, offered to Sith through case documents provided by 48 hours.

We also attempted to replicate underwater key parts of Shelley and David's fatal die. Anywhere right around in here we were. What first troubled Sergeant Morgan about the case was the short amount of time David performed CPR on Shelley. Typically, you don't start CPR until, as a rescuer, you can no longer perform it until you're exhausted.

How long does your performance CPR?

“Hm, that's the big magic question, minutes. Was it five minutes? Was it ten minutes? Was it four minutes?”

I don't know, it was minutes. David was very emphatic that she's gone or she's dead. I don't think that's an appropriate response. I don't think that you can declare a person dead in that short of time span. There was nothing left to do, nothing. If you are performing CPR on somebody that is responsive,

sure, I would have gone until後 froze over, but she was not responding to anything. But it wasn't just David's behavior that afternoon that raised red flags. To tell him police discovered Shelley's equipment was damaged. The police didn't make much of it, but the expert hired by her family's attorney did. Engineer Bill Oliver designed Scooboguer. What was unusual about Shelley's mask

is the strap was broken from the side of the mask here and where this pin here is intact on this mask. It was missing from hers. Shelley's snorkel attached to the same side of the mask as the broken pin was awesome missing. It's mouthpiece. My belief is something pulled the mask off of her face. And I can see a scenario where she resisted that she held on to the mask. And in the tug of war, some things gave. Bottom line is,

somebody intervened besides Shelley's tire with this equipment to to get it in that condition. Sergeant Jeff Morgan agrees. Shelley didn't die in an accident. She was murdered. What's more, he says only one person could have been responsible. In our reality, there was nobody else in the water at the time of Shelley's death, but David Swing. I think that David Swing up behind her and shut off the air supply held on

and held on to her until she stopped struggling. Did you kill Shelley's tire?

“Did not, would not, could not. This thought, this craziness that I would do something like that.”

The Shelley is just so revolting. But the tires insist David had a motive. Right before the trip to Tortola, Shelley decided to change jobs and take a substantial cut and pay. The dive shop that David had was very much supported by Shelley's income. If Shelley was going to take a pay cut, his business may not survive. According to Sergeant Morgan, that, along with a couple's pre-nupsual agreement,

meant Shelley was worth more to David dead than alive. That provides for a motive to commit murder. Everybody keeps thinking that I'm doing all this for money. I'm just as happy being flat, broke, as I am when I'm fat and rich. Probably happier if flat broke. It's less hassle. The tires weren't buying it. They were now convinced. David murdered their daughter. But authorities in Tortola still refused to rule Shelley's death on the homicide. So in 2006,

the tires sued David in a Rhode Island civil court for a long full death.

“Is that part of the reason why you're fighting this to keep Shelley's memory alive?”

Yes. Yes. Very much so. In a videotape deposition, David testified he and Shelley swam together for 10 to 15 minutes before they separated. I have a big recollection of circumnavigating the racks, poking around the racks and seeing Shelley still interested in looking at something around there. And that's the last time I saw her as I swam off towards the right.

But the tires attorney tried to prove David was was Shelley when she drowned, based on the air left in Shelley's tank. He calculates she stopped breathing just 8 minutes into her dive. She battled for her life. At the point and place and time, exactly,

“when he was with her, she was burning her air. Right up to the point where he shut it off.”

He then showed the jury of videotape demonstration that he and his team prepared. Illustrating their theory of how David swam up behind Shelley turned off her air and killed her. In less than three hours, the jury found David swane responsible for Shelley's death

and awarded the tires three and a half million dollars. But the tires say this has never been

about the money. Money has nothing to do with it. Nothing is. We just want Shelley. Armed with a civil court victory. The tires attorney convinced her toll in the thirties to reopen their investigation. A year and a half later, island prosecutors charged David Swane with the murder of his wife. David did not fight extradition and wound up in a tortolan jail. What's now what do we do? Who does this?

With his trial now looming, Jen and Jeremy will travel to the island to help prove their father

is innocent. But before they can do that, their father will first have to explain. This woman.

Ten years after his fatal vacation with Shelley, David Swane again has a Caribbean view. But this time, it's from inside a jail cell. And her magis is prison on Tortola. He has been here awaiting trial for nearly two years. It's a journey that I didn't want to take, but if I'm forced to take it, I'm going to do the best I can with it. His children, Jen and Jeremy, have come to Tortola to help and prepare his defense.

He's very helpful. He believes he has to believe. We all, all of us have to put 100% of our belief into that this will be okay. This is a man's life we're talking about. Even as Jen and Jeremy are fighting for their father, their stepmother Shelley is still very much on their minds. I wanted to go to a place that would be special to me where I could pay my respects in peace, doing something that Shelley and I shared because Shelley and I used to dive together too.

There was a pipe and I put the free time on top of that. I was like, let's take a bite. Jeremy said goodbye, but could not let go of a trouble some detail. I went back a couple more times because what was coming up really bothered me. He was most bothered by claims that his father was with Shelley when she stopped breathing. Prosecution experts claim that the amount of air left in Shelley's tank

showed that she was alive for only eight minutes. I went down to the site. I used that amount of air that she consumed and it took me 15 minutes. Jeremy says the prosecution's eight-minute calculation doesn't add up. He says Shelley just wouldn't breathe air that quickly. Not if she was running a marathon under the water which she had ever used up air that fast. The only explanation according to Jeremy

is that Shelley was alive a lot longer than prosecution experts believe, meaning David would have been long gone and nearly back to the boat at the time of Shelley's death.

“The only thing that everybody can agree on is that there was some external force”

applied to her equipment. For his criminal trial, David has the help of two experienced Boston defense attorneys, Tim Bradel and Neil Tassel. They argue that Shelley could have ripped off her own mask in a panic. It's right in the patty beginner's manual. Panic divers are prone to reject their gear. In other words, rip their mask off. You believe that she panicked under water. Absolutely. That's what all the oven

appears to be. Now with these lawyers helping to prepare for the criminal trial,

David's children are feeling hopeful about their chances. We know the truth is on

our side so we actually have the upper hand. If you just stay with the truth, it's all going to be good. But staying with the truth will mean talking about another possible motive for murder. About a year before Shelley's death, David got very friendly with a chiropractor who visited his dive shop named Mary Bassler. Mary Bassler came along for a happy woman, willing to talk. Mary Bassler might have been willing to talk, but when David kissed her one summer night,

she told him she was not willing to get involved with a married man. I'm as guilty of being curious beyond what I should have as anybody. Perhaps still curious, David wrote Mary that fall inviting her to spend the weekend with him in Killington, Vermont. The letter said, "I promised to return you in a rejuvenated state or in need of rest, whichever strikes our fancy." "You invited her to Killington for the weekend. Was that going to be the beginning of something?"

"No." "I'm just going to be a friendly weekend in Killington." "You make a town like a guy who can't have a girlfriend." "Did your wife know that you invited her?" "No." Mary didn't go to Killington, but soon David wrote Mary again, telling her, "I'm wanting to be with you, but I can't change this mess I've got anytime soon."

“"You made a reference to a mess that you need to get out of."”

"Well, I think I made a mess by letting my curiosity get the best of me." "You weren't describing your marriage as a showy as a mess." David addressed that letter to "Solmete Mary." "You thought Mary was your solmete?" "It's nice for it, isn't it?" "Is your invasion of future with Mary Bassa?"

"At that time, no." "But according to both David and Mary, after that kiss, nothing happened between them." "It was a stupid, inconsiderate mistake." That is until Shelley Tire died. Two months after the fatal trip to Tertola, David Swain and Mary Bassaler started a relationship.

When my father started dating Mary soon after Shelley's death, I remember thinking he's running.

He's never dealt with emotion in a strong way.

It's starting to come up, and so he's running to this woman. David and Mary dated for about a year. "I don't think it's about whether he was having enough fear or not. It's about whether he killed his wife or not." David's ex-wife, Sandy Wheeler.

"I asked him straight out, did you do this?" And he said, "No, I did not do this. And I believe him." "What prompted you to ask him that he killed Shelley Tire?"

“"I think I just needed to hear it from him.”

I never thought he did it, but I think I just needed to hear it from him."

"You were right for 12 years." "Yeah." "And within that time, did you ever see a violent side?" "Never." "No."

"Never." But it turns out, David's early life was far from peaceful.

And now, with his life on the line, David's Wayne's defense will delve into secrets. He has protected for decades.

“His mother died the first year, we were together.”

"From one." She was killed. [Music] They went from respecting him as the man that their daughter chose to spend the rest of her life with. To calling him a murderer.

They basically made him the scapegoat for a mystery that can't be solved.

While the mystery may never be solved,

Jen and Jeremy are hoping at the very least evidence presented in a Tartola court can convince the tires that their father is an innocent man. He's never given us reason to doubt him. He's a quiet guy, he's a reserved guy, he doesn't express himself particularly well. I really feel in a big way that those things put him in jail.

“It was, after all, David's unemotional strangely detached response to Shelley's death,”

that first raised the suspicions of her parents. But Jen says, "That's the way her dad has always been." My father was uncomfortable around emotion and emotional experiences. And I never, ever saw him upset.

That dispassionate demeanor says Jen is the product of an unspeakably horrific past.

He grew up in a very complicated and abusive household. There was sexual and verbal abuse going on. When David was nine years old, his father Donald Swain was convicted of sexually abusing another young family member, and sentenced to two years in prison. He grew up learning to not speak about things, because he,

and it just made it worse when he did. David says he, too, was preyed upon by his father. What happened to you at the hands of your father? Horrible things. Can you share some of those?

No, I'm not going to share those.

In the early 1970s, Donald Swain began living as a woman, and changed his name to Diane. It seemed to leave another scar on David. But it was in 1976 in Minneapolis, Minnesota, that David's already fragile world completely shattered. His brother murdered his mother when I was a baby.

47-year-old Betty Swain was bludgeon to death. By her own son, David's eight-year-old brother, Richard. Your own brother kills your mother. Yes. How did that affect you?

Horrible. That was just... Another incredible loss. David was 20-years-old. When his mother's body was found in the family station wagon,

five miles away from her home. The sons of don't kill mothers. Former Minneapolis assistant district attorney, Jim Erickson, remembers Betty Swain's murder for its brutality.

“I think a garbage bag was put on her head, and she was then hit”

again and again. There was plastic and bedded, and deep in her head, in her skull. After a nine-day long trial, a jury found Richard Swain guilty. This kid killed his mom. He just snapped. 33 years later, David Swain just like his brother,

stands accused of murder. No shortage of tragedy in our lives. I don't know if you've had the occasion to suffer a loss, where you didn't get to say goodbye, but I've had two now, and then that's just... that's just wrong.

As David's trial approaches, his attorney's meal tassel and timbrado pulled to use the traumas of David's past to explain how his bizarre response to Shelley's drowning turned an accident into an accusation of murder.

deals with emotional events in a very stunted way.

“And it was mispreseved by Shelley's parents,”

who essentially started a bolder rolling down off a mountain. That was not going to stop. But the defense is biggest worry. What will happen when this emotionally crippled man takes the stand to defend himself from core?

I can't control what's going to happen. I just have to let it happen. On and there are there are 2013. We're on the right path. The biggest advantage of Shopify for me is

that we don't need any technical details for ourselves. We all know everything about the background and the front end. And as soon as we go to Dubai, the online shop will be ready. If your Shopify is ready, then it will be the platform that actually is ready. It's simply the main task.

Our whole story is left over by Shopify. The city is now a constant test on Shopify.com. He's scared as anyone would be. Thousands of miles away from home accused of murder. Ten years after Shelley Tyre's death,

David Swain's murder trial in Tortola is finally underway. Shelley's elderly parents have flown in. Determined to see just a stun. They lost their daughter.

And we'll never know how.

They know they'll never know how. For Jen and Jeremy, seeing the two people who they once consider their grandparents is particularly painful. The times that I tried to connect with them over the grateful losing Shelley was rebuffed.

They don't want anything to do with me. But they were forced to sit on comfortably close to each other in the tiny courtroom. Cameras were not allowed. But microphones recorded the moment when

prosecutor Terrence Williams laid out David's motive for murder. Money and another woman. This man here, his wife is killed. And all his dreams came true? All his dreams came true. Most damning says a prosecutor.

Within months of burying his dead wife, David recindles his relationship with Mary Bassler. The wife died in March. And by me, they're having intimacy. It painted David Swain in a very bad light.

David's defense team is working with local council, Hayden St. Clair Douglas. "It was a dream of nine people," said Wolf Hoon. "Well women." Women jurors who he believes won't like the idea of David

dating Mary so soon after Shelley's death. But that's not the defense team's only worry. Prosecutors show that Jory Shelley's damage diving here. Tell them how David stopped giving her CPR and present their theory that David held her down

and turned her air off. They had to come up with some kind of scary story that would make the jurors

“who are not divers all say, "Oh, that's what happened."”

David's only chance. Take the stand to defend himself.

His defense attorney questions him first.

"Did you kill Shelley Tire?" "I did not, could not, would not dream of taking the rock of my life out of the world." "No, I did not." "Did you in any way deprive Shelley Tire of you?" "The last thing in the world is I would deprive Shelley of anything."

"That's why I certainly didn't deprive her of air." Then the prosecutor tries to riddle David. "You held her down." "I did not." "I've made her become unconscious."

"I did not." David begins to lose his patience when prosecutor Williams pushes him about those letters he wrote to Mary Basler, calling her his soulmate and inviting her to spend the weekend. "It is out of her."

"I certainly desired her friendship." "Is that her sexual nature?" "Not the way you're suggesting, no." "Do you often write love letters to ladies?" "No."

"These are not a love letter." "This is not a love letter." "This is not a love letter." He came off as arrogant, a little hostile, smug. "What were you thinking when you were up there?"

I mean, this is a moment for you to win sympathy from the drawers. "To make a connection with them." "And how well do you know me?" "Not well at all."

“"But I know how you're supposed to impart yourself if your life is on the line."”

"So you would want me to be something I'm not." "I am what I am. I think people would want to truth." In what seems like a fatal blow to the defense,

about how long Shelley was alive underwater.

“We had data on her air consumption that was derived from her own dive logs.”

A defense expert was prepared to testify that Shelley's last breath occurred more than 20 minutes into the dive. Long after David says he left her side. Unfortunately, the judge viewed our data with suspicion. And I don't know why.

But the prosecution does present its evidence that Shelley died eight minutes into the dive. When they say David was still with her. "That's when I started to get really scared." "That was the first day I thought we could lose." Now it's all up to the jury.

It takes them only four hours to reach a verdict.

“Up until I saw the jury walking in, I was pretty hopeful.”

"Guilty, I'll take off thanks of Murdoch." "They're pursuing nothing fun guilty of the murder of his wife, Shelley Tara." David Swain is sentenced to life behind bars. As authorities take their father away, his children are stunned and angry.

"I have never doubted my father's innocence.

He is a father's innocence." The jury made a mistake today. They made a mistake today. The jury did not allow our witnesses to say their full share. Our father's an innocent man.

But Richard and Lisa Tire say that they knew the truth.

“And they thought their long journey to get justice for Shelley had ended.”

"We feel extremely good that people like David Swain won't be able to hurt any more women." From his Tartola jail cell, David Swain could still see the ocean. He loves so much. He could even taste the salt in the air.

But he wondered if it would ever wash over him again. "Do you think you ever walk?" "Well, ever walk out of here is a free person." "To not think that would be to give up. I'm not going to give up."

Swain did not give up. Two years after his conviction, a three judge panel overturned his guilty verdict. Because the trial judge have refused to let the jury consider accidental death as a defense. The judges also decided there would be no new trial.

Too much time has passed, and witness memories have faded since Shelley's death more than a decade ago. David Swain walked out of court, a free man. "No judicial body has declared him innocent." The Tire's attorney, Ren Olen, spoke for the family.

"And who distinctly different joys have found him guilty beyond a reasonable doubt of the murder of Shelley Tire." Swain quickly returned to the United States, and issued a written statement still insisting. Shelley's death was an accident.

But for the Tire family, David Swain is still a guilty man.

"For a parent whose daughter has been murdered, it will never go away."

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