was it even remotely possible that david swain had had something to do with his wife shelley's death?hat was the question burning in the minds of shelley tyre's parents richard and lisa. ever since swain had returned from tortola with their daughter's body, the tyres demanded answers from their son-in-law. answers that weren't forthcoming. >> the first moment i heard it, i kept saying over the phone to him, but you had the buddy system. you were there. you had the buddy system. you were there. and he just kept saying i wasn't there. >> so they're saying you're the expert. you're the buddy. you're the caretaker of our daughter. >> they were wondering -- >> why'd you leave her. >> yeah. why did i let this happen. >> his first face to face meeting with them ended in a shoulding match. and for the next three years, there's suspicion of foul play. so much so that in 2002 her parents filed a wrongful death suit claiming swain was involved in shelley tyre's death. >> nothing that happens in the court takes care of our pain and our loss. >> i'm very, very emotional, yes. >> the tyres hired ex

was her husband david swain responsible for taking it from the world? innocent man whose private ways had made a tragic accident only look like murder? a jury in a tortola courtroom would soon decide. but not before david swain himself took the stand to answer questions from his island attorney. >> mr. swain, when you went on the dive with shelley tyre on that 12th of march of 1999, did you kill shelley tyre? >> i did not, could not, would not dream of taking the rock of my life out of the world. that's just -- no, i did not. >> did you in any way during the course of that dive deprive shelley tyre of air? >> the last thing in the world is i would deprive shelley of anything. i certainly didn't of air. >> then it was the prosecution's turn. >> you held her down. >> i did not. >> made her become unconscious. >> i did not. >> and this was within eight minutes of the dive. >> it was not. i did not. you are making false accusations. >> you got a little edgy on the stand. >> i'm sure i did. >> little abrasive. little in the face. >> i'm fighting for my life.

and the prosecution says the only human on that dive with shelly was her husband and dive buddy david swainways insisted he was nowhere near shelly when she died. rather, he and shelly had gone their separate ways after reaching the wrecks. >> i have a vague 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. >> now the prosecutor said swain's own words proved he was still with shelly when she died. listen to how long he was at the wrecks before leaving shelly for the reef? >> how much time did you spend at the wreck? >> not long. certainly less than ten minutes, probably more than five. >> and after your five to ten minutes at the wrecks, what did you do? >> meander over toward the reef area to see if there was something there to see. >> according to the prosecutor, five to ten minutes into the dive is exactly when shelley tyre died. here's why, as laid out by his experts. the prosecution's scuba expert said based on the amount of oxygen used up on that fateful las

instead, it endorses independent david grosso and leon swain, junior. swain is the former chairman of the d.c. taxi cab commission. >>> this morning a local mall is back open after yesterday's bomb scare. it happened during the lunch rush at the boston common mall in arlington. witnesses say a man threw a bottle filled with something that smelled like gasoline from an upper floor. luckily, the molltive cocktail didn't detonate. the suspect fled, but police found and arrested him later. the fbi has not identified the suspect, but says charges will be filed soon. there is still no word on a motive. >>> police in howard county are asking the public's help finding this man. he's accused of secretly videotaping two women inside their home. take a look at this video. police say this is the suspect setting up the hidden camera inside the women's ellicott city condo. they don't know who he is or how he got inside. investigators say the man went into the condo several times to move the camera around. if you recognize him, police want to hear from you. >>> federa

the post endorsed ins david grasso and leon swain, jr. >>> a sad day for the prince george's county police department as they mourn the loss of another fallen officer. >> officer kevin bowden was killed yesterday when his patrol car collided with an suv and slammed into a utility pole. fox 5's sherry ly is live at police headquarters with the latest on the investigation. sherry? >> reporter: well, wisdom, police say that officer kevin bowden was off duty when this accident happened. witnesses say the collision may have been caused by an suv that was swerving to avoid a tour bus when this collision happened. bowden got off work at 1:00 yesterday afternoon. and within hours, he was dead. his cruise are was headed northbound on branch avenue when he collided with that suv and crashed into a utility pole nearly slicing his vehicle in half. investigators do say it is early but it appears the suv may have changed lanes to miss that tour bus and then slammed into the officer's cruiser. >> this is the second death that we've had in two months in reference to traffic accident and i would just ask t