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Thursday, June 27, 2024

David Swift indictment June 2024 by General Danny Voluntary Manslaughter on Karen Swift in 2011 Violates David's 6th Amendment Right to Speedy Trial.

UPDATE July 2nd 2024, State of Tennessee violates Statute of Limitations to charge David Swift with Voluntary Manslaughter and Aggravated Assault. Motion to Dismiss, Defendant David Swift moves to dismiss Voluntary Manslaughter charge Indictments with Prejudice as charges violate Statute of Limitations/ Prejudice means charges can not be refilled. Judge Hayes should rule on David Swift's Motion to Dismiss, today.

DYER COUNTY TN JUNE 2024: General Danny's end run around the current 8 year Statute of Limitations for Voluntary Manslaughter in TN by charging David Swift for the supposed crime in 2011 on Karen Swift, violates David Swift's 6th Amendment Right to a Speedy Trial for the same supposed crime. It looks like anything goes in Dyer County TN. US Constitution’s Sixth Amendment’s Right to Speedy Trial Clause: In 2011 in the State of Tennessee, the Statute of limitations on Voluntary Manslaughter was 4 years, David Swift left Tennessee in 2015. In 2016, the Tennessee Supreme Court specifically overruled its prior holding on ex post facto laws and held that “the ex post facto clause of the Tennessee Constitution has the same definition and scope as the federal ex post facto clause.” In other words, if a new Tennessee law were to extend a statute of limitation for a certain crime, it could now apply to both future crimes and also past crimes for which the statutes of limitation had not already expired. Past cases have considered how the US Constitution’s Due Process and Speedy Trial Clauses affect criminal statutes of limitations. Statutes of limitations apply to the time period before criminal proceedings are started while the right to a speedy trial applies to the length of time between the start of criminal proceedings and cases going to trial. The US Constitution’s Sixth Amendment’s Speedy Trial Clause provides that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. On its face, the protection of the amendment is activated only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of that prosecution.

NOTE:
Accordingly, as a non-party citizen to the Swift murder trial, I am free to speak to the public and the media about the Swift murder trial under the First Amendment to the Constitution. Simply put, my rights to freedom of speech cannot be restricted by persons known and unknown. Criticism of the government, political dissatisfaction, and advocacy of unpopular ideas that people may find distasteful or against public policy are nearly always protected by the First Amendment.

Local crime rate information as of August 2nd, 2024 for Dyerburg TN: With a crime rate of 62 per one thousand residents, Dyersburg has one of the highest crime rates in America compared to all communities of all sizes - from the smallest towns to the very largest cities. One's chance of becoming a victim of either violent or property crime here is one in 16, no go Dyersburg TN.

June 20, 2024 David Swift indicted by the Dyer County Grand Jury for voluntary manslaughter and aggravated assault against Karen Swift DCSO. DYER COUNTY, Tenn. (WMC) - Two weeks after a Weakley County jury found David Swift not guilty of the 2011 murder of his wife, Karen Swift, the Dyer County Grand Jury has indicted David on voluntary manslaughter and aggravated assault charges. Swift was indicted in 2022 for the murder of Karen but the jury was able to find Swift not guilty of murder, but unable to reach a unanimous verdict on voluntary manslaughter. Prosecutors carry the burden of proving beyond a reasonable doubt that a defendant is guilty in all criminal cases. Unless that happens, the defendant retains a presumption of innocence. The defendant can claim they did not commit the crime. This may be the best possible voluntary manslaughter defense. If the prosecution can demonstrate that the defendant and victim had been arguing shortly before the alleged assault, that motive can serve as circumstantial evidence that the defendant really did intend to hit/kill the victim. Alternatively, defendants can use the prosecution's lack of evidence of a motive as reasonable doubt to avoid criminal liability for voluntary manslaughter. Defense for David Swift at trail proved no murder weapon ever found, no blood found in garage where supposed assault took place, no witnesses to the supposed crime, no prior domestic violence arrest or complaints ever filed, no nothing. 

David Swift not guilty at trial June 6 2024, his D-Day, so who killed Karen Swift? Maybe David Swift DIDN'T kill Karen Johnson Swift - The Context Of Things. see https://thecontextofthings.com/2015/01/12/karen-johnson-swift-case/ via @tedbauer2003.

After roughly 11 hours of deliberation, the court declared a mistrial in the case of the State of Tennessee vs. David Swift. The jury was hung on charges of voluntary manslaughter and could not reach a verdict. David Swift was found not guilty of charges including 1st-degree and 2nd-degree murder, and 1st and 2nd-degree attempted murder. Judge Mark Hayes declared a mistrial. 

17-page autopsy revealed Karen Swift died from a hit to the right front side of her head causing a depressed fracture sending broken bones into her brain. Looks like a left hand perp hit her with a gun butt. A gun butt from a pistol whipping would definitely cause a depressed fracture in the head of Karen Swift. I think that of all the suspected murder weapons, like a hammer or gulf club or baseball bat that have been bantered around by web-sleuths, bloggers, pod-casters and wanna be cops the most obvious weapon that is prolific in the State of Tennessee is a handgun.

D.A. "General" Danny Goodman Jr of Dyer County will move forward at the next trial to convict David Swift of Voluntary Manslaughter on July 2nd, or so he says. David Swift was Not Guilty of 1st or 2nd Degree Murder and Not Guilty of 1st and 2nd-degree Attempted Murder of Karen Swift at trial on June 6th. David Swift was originally indicted on 1st and 2nd Degree Murder, 1st and 2nd-degree Attempted Murder and Voluntary Manslaughter in Aug 2022 which is 11 years after the body of Karen Swift found in Dec 2011. General Danny refiled charges of Voluntary Manslaughter and Assault on David Swift June 20, 2024 which is now 13 years after the body of Karen Swift found in 2011.   
1). CASE LAW TN; Tennessee Code § 39-13-211 defines voluntary manslaughter as the intentional or knowing killing of a person in a state of passion due to adequate provocation. Following statutes of limitations for some specific offenses in Tennessee. 
2). CASE LAW TN; To charge someone with Manslaughter, voluntary the D.A. has 8 years from date of death to file charges, see Tenn. Code § 40-2-101(b)(2) (2024). Karen Swift murdered in 2011, David Swift indicted in Aug 2022 and then again in June 2024 for Voluntary Manslaughter that is 11 years and 13 years after her death. 
3). CASE LAW TN; The statute of limitations serves two primary purposes: to avoid the use of stale evidence and to provide an incentive for swift governmental action in criminal cases. State v. Pearson, 858 S.W.2d 879, 1993 Tenn. LEXIS 240 (Tenn. 1993). 
4). CASE LAW TN; An indictment for voluntary manslaughter filed in 1933 was barred where state had filed prior indictment on same case in 1919 and had not prosecuted the voluntary manslaughter indictment even though defendant had been in custody of state for 12 years. Smith v. State, 168 Tenn. 265, 77 S.W.2d 450, 1934 Tenn. LEXIS 50 (1935). 
5). Statues of limitations are legislative bars which, in criminal cases, are subject to the ex post facto restrictions contained in the Fifth Amendment’s due process protections. Prosecutors have an ethical obligation to not prosecute a criminal charge they know is not supported by probable cause.
6). D.A. General Danny states June 20, 2024 "We presented an indictment request to the grand jury today for Voluntary Manslaughter,” said the D.A. in a statement. “We did so to include language that would toll the Statute of Limitations allowing us the ability to retry David Swift on the remaining charges for which there was a hung jury in the previous trial." General Danny is claiming that "the Statute of limitations does not run when a defendant is voluntarily absent from the state". David Swift moved from Dyersburg Tennessee to a home in Alabama in 2015, he would go on to marry his second wife in Mobile AL in 2016.

BUSTED LOL, DARRELL SELLS ARRESTED IN DYERSBURG TN! Dyer County TN Grand Jury indicts Darrell Sells on charges of Retaliation for Past Action following investigation. RACHEL TOWNSEND Managing Editor Dyersburg State Gazette Newspaper Tuesday Feb 11, 2025 Updated at 5:03pm. Darrell Sells, 86, has been indicted by the Grand Jury on charges of Retaliation for Past Action, according 29th District Attorney General Danny Goodman. The indictment follows the investigation of an incident that occurred in late January 2025 involving Darrell Sells and a former witness in the David Swift Murder Trial. DA Goodman says Darrell Sells faces possible sentencing of 1-6 years in prison. “The chickens have come home to roost”. The dyer County clerks office confirms that Darrell Sells was indicted by a Dyer County Grand Jury for Retaliation For Past Action. The indictment stems from an incident at a Dyersburg restaurant, where Darrell Sells, 86, allegedly made threats to a witness in the David Swift Manslaughter trail. Darrell Sells was booked into the Dyer County Jail and released on bond today. Darrell Sells arraignment is set for February 18th 2025. Darrell Sells, 86, owns several McDonald's franchises in Tennessee and Missouri, Sells has prior arrest for electronic stalking.

Dyersburg State Gazette November 1st, 2015, David Swift's statement in response to article; "It has been a rough 4 years since Karen was taken from our lives. The children are doing well because we are a strong family and often look at pictures and talk about mommy. It is sad that the sheriff department has made many attempts to taint public opinion of me. I have always been fully cooperative and never refused an interview with investigators. My daughter was interviewed so I am not sure why they continue to state differently. If statements are being made publicly from the sheriff's department I would hope they would have documented proof of their statements. I was told early on by the sheriff not to talk to the media since they were twisting and turning things around that he was even saying. I was told not to search for my wife because that could place me at various areas and possible contaminate evidence. I took the sheriff's advice and later this is turned against me by Terry McCreight's public statements. I did everything possible with phone calls and passing out flyers when I was able to do so. We will always love Karen and remember the good memories we had and pray for true justice".
-- Posted by David Swift on Thu, Nov 5, 2015, at 11:20 AM https://www.stategazette.com/story/2246033.html

STATE GAZETTE ARTICLE NOV 1st 2015; David Swift denies any connection to the unsolved murder of his wife Karen Swift and I totally believe him 100% after interviewing him on multiple occasions and reviewing the evidence and facts that aren't circumstantial that could have possibly led to her disappearance and eventual death. -- Posted by billwarner on Mon, Nov 2, 2015, at 9:17 AM

DCSO and TBI have been looking at the wrong man and in the wrong direction since Karen Swift's body was found on Dec 10th, 2011 near Bledsoe Cemetery. "You got the right ta-ta, but the wrong ho-ho, they put the heat on my man". Cops searched the home of David and Karen Swift multiple times (4) since she went missing on October 30th, 2011, cops found no indication anything suspicious had occurred in the home, no blood spatter etc, so were was the crime scene, were was Karen Swift murdered? It was not where her car was found, no blood spatter again, no drag marks on the dirt road near the car, nothing. It does not appear from sheriff reports that the crime scene was near the access road to Bledsoe Cemetery where the body of Karen Swift was found on December 10th, 2011, so how did she get there? David Swift could not have carried the body of Karen anywhere, he was on crutches due to recent knee surgery, I have seen the medical evidence.

Were there other unsolved murders of women whose nude bodies were found in a cemetery with there panties pulled down below their knees in the region during 2011, maybe like in Memphis TN? Leaving the murdered bodies of several women in a cemetery in the same form of undress during the same year is the signature of a serial killer. Could the 24 year old Memphis TN rapist - serial killer who left his nude female victims bodies in a cemetery have fled Memphis TN and relocated to a possible family member in the Dyersburg TN area? They found Karen Swift's Halloween costume from the Farms Dyersburg Country Club party in her car on Sunday Oct 30th, 2011. Some articles of clothing that belonged to Karen Swift, a pair of jeans, a bra and a gray zip-up sweatshirt were found in some brush not far from her car. They confirmed [the clothing items] belong to her. They took DNA from her mother and compared it to DNA on the clothes," Swift's friend Laura Jane told The Huffington Post. When Karen Swift's body was found on Dec 10th, 2011 near the Bledsoe cemetery she was nude except for her panties pulled down below her knees. Who killed Karen Swift, was it the Memphis serial killer who left his victims in a cemetery or a clever copycat killer in 2011?

Prosecutor DA Goodman claims in his opening statement Tuesday, that David Swift on the morning of Oct 30th, 2011 went into the bedroom where his wife was sleeping in their home, stripped her down to her panties and then dragged her to their garage where David Swift put Karen Swift down on the concrete floor and stomped on Karen Swift's head with such force that he cracked her skull in two places, there would have been blood spatter everywhere. Medical examiner Dr. Marco Ross testified to a depressed skull fracture on the right side of her head, that he said killed Karen Swift in the David Swift murder trial, but said there was no way to determine the weapon.  

I suppose it could be from a hammer or a baseball bat or even from a possible pistol whipping as a weapon to cause a depressed skull fracture (bones forced into the brain). Dr. Marco Ross also testified there was no way to determine if she'd been sexually assaulted. An autopsy report provided to Court TV said Karen Swift died from “blunt force injury of the head”, depressed fracture to the temporal bone on the side of the head, the the hardest bone in the human body. Look like to me the perp was left handed, just sayin.

DA Goodman claims David Swift stomped on the head of Karen Swift while she was lying on the concrete floor of their garage, there would have been blood everywhere. BUT wouldn't they have been damage to both sides of Karen Swift's head and not just on the right side? The medical examiner testified Thursday May 30 in the David Swift murder trial, providing graphic details from Karen Swift's autopsy. The medical examiner stated that Karen Swift had a depressed fracture to the right side of her head that was the basic cause of death. A depressed fracture to the head causes bone fragments forced into the brain, M.E. was unable to determine exactly what kind of weapon caused the head wound. Depressed fracture wounds were found on the right side of the head above the right eye of Karen Swift. The human skull can withstand 6.5 GPa of pressure while oak holds up under 11 GPa. Frontal bone: this bone comprises the forehead and the upper orbit of the eye. It joins the parietal bones at the coronal suture. Two temporal bones: These bones are located at the sides and base of the skull, and they are the hardest bones in the body. A supposed murder weapon that caused the wound would be a hammer or a baseball bat or even from a possible pistol whipping. The killer of Karen Swift would have been most likely left handed if he used a weapon as wounds were on the right side of her head, David Swift is right handed.

Unsolved Murders During 2011 of Karen Swift in Dyersburg TN and Jessica Lewis in Memphis TN Strikingly Similar to M.O. of Unknown Serial Killer in Memphis. South Memphis serial killer struck during early 2011. Private investigator Bill Warner was back on CNN Headline News Jane Velez-Mitchell's show GONE on December 12th, 2011 talking about the unsolved murder of Karen Swift whose nude body was found on Dec 10th, 2011 in Dyersburg TN, with her panties pulled down. Karen Swift was beautiful, her photo above, she had shoulder length blonde hair. Karen Swift looks some what like murdered Jessica Nicole Lewis in Memhis TN in 2011, just sayin. CNN Jane Velez-Mitchell, "Bill Warner, you find it very significant that Karen`s body was found near a cemetery". There's a little dirt road off of Harness Road that leads up to the old Bledsoe Cemetery. 

There is a little dirt road that separates where Karen Swifts body was found in Dec 2011 and from where the headstones are in the old Bledsoe cemetery. It's within 30, 40 feet. The problem I have, is that I was aware earlier in the same year in -- from January through March 2011, that there was serial killer in the Memphis Tennessee area who killed three women (Jessica Nicole Lewis) and dumped their nude bodies (panties pulled down) in a old cemetery in Memphis, Tennessee, the Mount Carmel Cemetery. Jessica Nicole Lewis, was murdered in South Memphis in Feb 2011, her body dumped in the old Mt Carmel cemetery. Kinda looks like the Memphis serial killer has a signature to his murders. I find this a little disturbing, being that Memphis is only maybe a 1 1/2 hour drive from Dyersburg TN, and the Memphis TN serial killer was never caught!

UPDATE JUNE 17th, 2024: MEMPHIS TN SERIAL KILLER STILL OUT THERE HE HAS NEVER BEEN CAUGHT. The Memphis TN serial killer was described as a black male with cornrow hair, he was clean shaven in 2011 but would most likely have facial hair in 2024, he would be now 37 years old.


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at June 27, 2024
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Labels: David Swift indictment June 2024 by General Danny Voluntary Manslaughter on Karen Swift in 2011 Violates David's 6th Amendment Right to Speedy Trial.
Location: Dyersburg, TN 38024, USA

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