David Swain, center, and his daughter Jennifer Swain Bloom, right, speak with a prison guard after his release from prison in Tortola, British Virgin Islands, Thursday Sept. 29, 2011. Swain, who had been ordered to serve at least 25 years …
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Updated: Monday, 12 Dec 2011, 11:03 PM EST
Published : Monday, 12 Dec 2011, 11:02 PM EST
TORTOLA, BVI (WPRI) - A Caribbean appeals court said there was not enough evidence to sustain a murder conviction against a former Jamestown town councilman , according to The Providence Journal.
David Swain was convicted in 2009 of killing his wife, Shelley Tyre. Prosecutors argued that Swain killed Tyre while they were scuba diving in Tortola back in 1999.
The Eastern Caribbean Supreme Court of Appeals overturned Swain's conviction in September , after finding problems with the jury instruction read by the judge in the 2009 trial.
The Providence Journal reports the appeals court filed their written decision Monday. Despite a lack of evidence to sustain a murder conviction, the court called Swain's behavior the day his wife died "reprehensible."
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