David Swain murder conviction tossed

TORTOLA, BVI (AP/WPRI) - Three judges in the British Virgin Islands have overturned the conviction of a Rhode Island man accused in his wife's scuba death in 1999.

David Swain walked free Thursday after judges with the Eastern Caribbean Supreme Court of Appeal found problems with the jury instructions read by a judge during the trial in 2009.

A jury had unanimously convicted Swain of murdering Shelley Tyre in what authorities portrayed as a near-perfect crime. Tyre's drowning near an isolated shipwreck was initially ruled an accident.

Legal expert Lou Pulner tells Eyewitness News there was strong evidence convicting Swain.

"We're seeing the family of Miss Tyre punished because of the actions of what a judge did down in Tortola," Pulner said.

Swain had been ordered to serve at least 25 years of a mandatory life sentence.

"You're kidding," the family of Shelley Tyre said in response to the news.

On his release from prison Swain said simply, "I'm elated."

Swain was accompanied by his daughter and told reporters that he intended to return to Rhode Island.

Prosecutors have 14 days from the day they received the written decision to decide whether or not they will file an appeal.