Shelley's Last Breath

0:00Tortola is a beautiful mountainous island in the Caribbean. It feels really exotic but really safe at the same time for a tourist. The ocean all around Tortola is beautiful, clear crystal water that you can see for several seasons. Tortola is gorgeous. My name is Jen Bloom and I'm the oldest child of David Swain. In March of 1999 my father and his wife Shelly put together a trip to Tortola. I felt so lucky that her and I had found each other and connected. She was just a phenomenal wonderful woman. Shelly was absolutely passionate about diving. It 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

1:02Shelly and their friends decided they wanted to dive this site called the Twin Tugs. My father and Shelly decided to go into the water first. At some point they separated. They usually separated on dives. Shelly is specifically interested in her fish counting project. She had a slate and she would mark the kinds of fish she would see underwater. And I'd go off and take pictures. He was enjoying himself. It wasn't a lot to see. I was a little chilly and it wasn't that great of a dive so I'd decided to surface. And my father asked had Shelly surfaced yet because he didn't know where she was. The other diver decided to go in. And ten minutes later he came up with Shelly'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 until something he loved no one deserves that. In most diving accidents for all intensive purposes appear to

2:10be just that accidents. My name is Jeff Morgan. I'm an underwater forensic investigator. Shelly's equipment. The mask 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? I 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 panic sets in almost every rule that you can think of is out the window. We don't know what happened to Shelly under 75 feet of water. I would characterize it as an accident. I truly do not believe that this was an accident. In my opinion, it was murder. Shelly's last breath. It was the Caribbean vacation Shelly Tire had been looking

3:21forward to sunny, sailing, and scuba 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 Shelly 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 Shelly did it 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 happen. There's cops. 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 Shelly died. So after a few

4:25days with no evidence of foul play, authorities ruled Shelly's death and accident and released her body to her husband. It had been a really rough flight. He had a low the covenants of the plane himself. So he came off the plane. David's son, Jeremy. He 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. Shelly Tire was swollen stature but her impact on David and his children was enormous. And 10 years after her death, David still remembers why he fell in love. She had a heart bigger than her. She had passions and drive that it had no equal. A middle school principal at prestigious Thera Academy outside Boston. Shelly 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 go racing into the 37 degree water. Shelly stripped

5:31down to her swimsuit. The water hit you get that. That sort of shock. Shelly turned his feet red color and goosebumps head to toe shaking uncontrollably with ear to ear grin. With such a love of adventure, it was no wonder Shelly found David's swan attractive. When she met him in the early 90s, the de Force father of two teens was running a dive shop in Jamestown Rhode Island. The ocean was his passion. Then way back with this one to push and then you pull us when you know 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 we do is we're going to paddle out around this point. On one of his kayaking tours, Shelly went along. Suddenly there's this lightning storm going on and my father just took charge the whole thing and attached his boat to her boat and rode them out of it. Shelly was impressed by David's courage and leadership. He moved in and in October 1993 they were married. Back then Shelly earned far more money than David.

6:36Well here we are at Ocean State School poolside. He says he sacked nearly every dime into the dive shop. All the training necessary. Shelly's parents were worried. So David signed a pre-natural agreement. He would get no money if he and Shelly divorced. Dad never cared about money. Shelly herself couldn't have cared less 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 Tortola, even David admits he wasn't there when Shelly needed him. While their friends stayed on the boat, David and Shelly 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 Shelly died because he wasn't with her and that's exactly what he told her parents Richard and Lisa Tire. We got a telephone call and it was David. He said, he's no longer with us and he indicated he wasn't there

7:43and didn't know what had happened. I knew that they weren't happy with me when I made the phone call that night. We just assumed that divers always had buddies. The buddy system and I kept saying, well weren't you her buddy? And he said no I left her. You said you split up during the dive what you said you normally do but doesn't that go against standard practice? I'm not a diver. I understand how many times have you broken the speed limit? Every diver at one time or another is diving along. Shelly had done solo dyes 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 Shelly to lose control underwater and make a mistake. You think it's possible she just panicked? Sure. Panic is the end result of something else. I don't know what factor got Shelly but I think some factor got her started. Who knows what it was. In fact Shelly had panicked on previous dyes. She even

8:47wrote 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 Shelly's death. I'm just not. I'm not an outwardly warm fuzzy guy. But your life just died and your behavior didn't seem appropriate for a man in mourning. My daughter sought. My son sought. But around Jamestown and at Shelly's school the talk was about how well David was doing without Shelly. 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 Shelly's death. It wasn't any salinity to what he was saying and it bothered so many of us there. It really did.

9:50Then 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. People were looking for ranches. David's friend and fellow scuba instructor, John Lenzhella, says despite appearances, there's no doubt in his mind that David was grieving. I 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 pain, the people who needed him to express it most of all were Shelly's parents. And for whatever reason, David just could not do it. In the year or two after Shelly's death, he was not able to say the things that the tires needed to hear.

10:53When 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 like knock on the door and say, are you insane? Typing is a beautiful sport that's inherently dangerous and it went horribly wrong and accidents happen. This is just a horrible accident, a mystery. I don't have the answers. David Swain says his inability to explain Shelly's death led her parents to assume the worst that he murdered their daughter. How did that make you feel knowing that you're in laws that you had killed the writer? I'm going to be sad, but not angry? They didn't know diving.

11:56One year after Shelly'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, much more than just a simple scuba diving accident. Sergeant Chef Morgan, with the San Bernardino California Sheriff's Department, offered to sift through case documents provided by 48 hours. He also attempted to replicate underwater key parts of Shelly and David's fatal die. Anywhere right around in here would you? What first troubled Sergeant Morgan about the case was the short amount of time David performed CPR on Shelly. Typically, you don't start CPR until as a rescuer, you can no longer perform it until you're exhausted. How long did you perform CPR?

13:02That'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 a 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 hell froze over, but she was not responding to anything. But it wasn't just David's behavior that afternoon that raised red flags. Turtolan police discovered Shelly'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 designs scuba gear. What was unusual about Shelly's mask is the strap was broken from the side

14:03of the mask here and where this pin here is intact on this mask, it was missing from hers. Shelly's snorkel attached to the same side of the mask as the broken pin was also missing its mouthpiece. My belief is something pulled the mask off of her face and I can see a scenario where she resisted that she held onto the mask and in the tug of war some things gave. Bottom line is somebody intervened besides Shelly Tire with this equipment to get it in that condition. Sergeant Jeff Morgan agrees. Shelly 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 Shelly's death, but David Swin. I think that David Swam up behind her and shut off the air supply held on to her until she was struggling, reached up, grabbed the mask,

15:12ripped the mask from her face and held on to her until she stopped struggling. Did you kill Shelly Tire? Did not, would not, could not. This thought, this craziness that I would do something like that to Shelly is just, it's just so revolting. But the tires insist David had a motive. Right before the trip to Tortola, Shelly decided to change jobs and take a substantial cut and pay. The dive shop that David had was very much supported by Shelly's income. If Shelly was going to take a pay cut, his business may not survive. According to Sergeant Morgan, that, along with the couple's pre-nuptial agreement meant Shelly 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 flat broke. It's less hassle.

16:18The tires weren't buying it. They were now convinced David murdered their daughter. But authorities in Tortola still refused to rule Shelly's death a homicide. So in 2006, the tires sued David and erode island civil court for wrongful death. Is that part of the reason why you're fighting this to keep Shelly's memory alive? Yes. Yes. Very much so. In a videotape deposition, David testified he and Shelly swam together for 10 to 15 minutes before they separated. I have a big recollection of circumnavigating the wrecks, poking around the wrecks and seeing Shelly still interested in looking at something around there. And that's the last time I saw her as I swam off towards the reef. But the tires attorney tried to prove David was with Shelly when she drowned. Based on the air left in Shelly'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,

17:25with Hughes with her, she was burning her hair. 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 Shelly, turned off her air and killed her. In less than three hours, the jury found David swam responsible for Shelly's death and awarded the tires $3.5 million. But the tires say this has never been about the money. Armed with a civil court victory, the tires attorney convinced Tertolon authorities to reopen their investigation. A year and a half later, island prosecutors charged David swain with the murder

18:28of his wife. David did not fight extradition and wound up in a Tertolon jail. What's now what do we do? How do we? 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. 10 years after his fatal vacation with Shelly, David swain again has a Caribbean view. But this time, it's from inside a jail cell. In her majesty's prison on Tertola, 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 Tertola to help and prepare his

19:33defense. He's very hopeful. He believes he has to believe. We all, all of us have to put a 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 Shelly 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 Shelly and I shared because Shelly and I used to dive together too. We went down the line and I had her reap up on my arm. There was a pipe and I put the tree down on top of that. I was like, let's say goodbye. Jeremy said goodbye, but could not let go of a troublesome detail. I went back a couple more times because what was coming up really bothered me.

20:36He was most bothered by claims that his father was with Shelly when she stopped breathing. Prosecution experts claimed that the amount of air left in Shelly'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 Shelly just wouldn't breathe air that quickly. Not if she was running a marathon under the water which she have ever used up air that fast. The only explanation according to Jeremy is that Shelly 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 Shelly'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 Bradal and Neil Tassel.

21:39They argue that Shelly could have ripped off her own mask in a panic. It's right in the patty beginners manual. Panic divers are prone to reject their gear. In other words, rip their mask off. You believe that she panicked underwater. Absolutely. That's what all the evidence 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 Shelly's death, David got very friendly with a chiropractor who visited his dive shop named Mary Basler. Mary Basler came along with a bright happy woman willing to talk. Mary Basler 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.

22:43Perhaps 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. Wasn't that going to be the beginning of something? No. It was just going to be a friendly weekend in Killington. You make it sound like a guy 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 Shelley as a mess. No. David addressed that letter to soulmate Mary. You thought Mary was your soulmate?

23:47It's nice for it, didn't it? Did you envision a future with Mary Basler? 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 tired died. Two months after the fatal trip to Tortola, David Swain and Mary Basler 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 a affair 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?

24:49I 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 married for 12 years? Yeah. And within that time, did you ever see a violent side? Never. To David? No. Never. But it turns out, David's early life was far from peaceful. David was a person who kind of wanted to leave things the past is the past. And now, with his life on the line, David Swain's defense will delve into secrets. He has protected for decades. His mother died the first year we were together. From what? She was killed. They went from respecting him as the man that their daughter chose to spend the rest of her life with.

25:52To 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 tortula 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.

26:52And 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 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 them?

27:52No, 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 day that's already fragile world completely shattered. His brother murdered his mother when I was a baby. I was born in the early 1970s. 47-year-old Betty Swain was bled into death. By her own son, David's 18-year-old brother, Richard. Your own brother killed your mother. Yes. How did that affect you? Horribly. That was just another incredible loss. David was 20 years old when his mother's body was found in the family station wagon

28:56five miles away from her home. Sons 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 embedded 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 that's just, that's just wrong. As David's trial approaches, his attorney's Neil Tassel and Tim Bradal hope to use the traumas of David's past

30:03to explain how his bizarre response to Shelley's drowning turn an accident into an accusation of murder. He is a peculiar personality who because of his traumatic upbringing deals with emotional events in a very stunted way and it was misperceived 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 and court? I can't control what's going to happen. I just have to let it happen.

31:06He's scared as anyone would be thousands of miles away from home accused of murder. 10 years after Shelley tires death, David swains murder trial in Tortola is finally underway. Shelley's elderly parents have flown in determined to see justice done. They lost their daughter and will never know how. They know they'll never know how. For Jen and Jeremy, seeing the two people who they once considered their grandparents, is particularly painful. The times that I tried to connect with them over the griffle losing Shelley was rebuffed. They don't want anything to do with me. But they were forced to sit uncomfortably 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.

32:07All his dreams came true. Most damning says the prosecutor. Within months of burying his dead wife, David rekindles his relationship with Mary Basler. The wife dies in March and by May, they are having intimacy. It painted David's swing in a very bad light. David's defense team is working with local council, Hayden St. Clair Douglas. It was a jury of nine people, said of whom were 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 damaged diving gear, 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 were not divers all say, oh, that's what happened.

33:07David's only chance. Take the stand to defend himself. His defense attorney questions him first. Did you kill Shelley time? 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 ill? 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 rattle David. He held her down. I did not. I 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. You desired her. I certainly desired her friendship. You desired her as sexual nature. Not the way you're suggesting no. Do you often write love letters to ladies?

34:08No. These are not a love letter. This is not a love letter. Okay. You came up 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 comport 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 the truth. In what seems like a fatal blow to the defense, the judge refuses to allow certain testimony 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

35:13data 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. David has been found guilty of the murder of his wife, Shelley. 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. At all. My father's innocence. The jury made a mistake today. They made a mistake today. The prosecution did not allow our witnesses to say their full share. Our father's an innocent man. But Richard and Lisa Tires say that they know the truth.

36:15And 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 Tortolla 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'll ever walk? Well, I will walk out of here as 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.

37:16The 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 tires attorney, Ren Olen, spoke for the family. And two 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. David Swain dined in 2022. Paramount plus is your streaming home for another unbelievable season of the NFL on CBS.

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