TN - Karen Swift, 44, murdered, Dyersburg, 30 Oct 2011 *husband charged in 2022* #4

DNA Solves
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Updated: 5:21 PM CDT June 20, 2024

MEMPHIS, Tenn. — After being found not guilty of murdering his wife, David Swift has been indicted on a charge of voluntary manslaughter in the death of Karen Swift in 2011, according to the D.A.

Dyer County District Attorney General Danny Goodman Jr. confirmed to ABC24 that David Swift was indicted 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."

...

 

How Tennessee Defines the Difference Between Manslaughter and Murder​

Because the person kills in a heat of passion, the law views them as less culpable than someone who commits first- or second-degree murder. Consequently, voluntary manslaughter is a Class C Felony, and a person faces three to 20 years in prison if convicted, along with a fine.
 
The cell phone digital forensics is complicated but needs to be understood in this thread, because I think it is key to understanding events leading up to the disappearance. In the trial, there was contention between the testimony of Ms. Rexing (prosecution, Day 2) and Mr. Williams (defense, Day 6) regarding the last several data sessions in the call detail record (CDR) for Karen’s iPhone. I welcome comments and criticisms here.

I watched those expert witnesses a few times, and here is what I gather about a CDR. First of all, a CDR log describes all the data/text/calls that were performed using Verizon networks that would be billed. To clarify a bit, a CDR does NOT record random “pings” as a phone moves around in an unused state. If something is in the CDR, then the phone is doing something to consume Verizon network data occupancy. Could be a regular phone call, SMS message, iMessage, email refresh, YouTube video, Skype call, weather app refresh, etc. The content of those things are not necessarily logged in the CDR. Verizon itself may not even know the content of the data, for example iMessage is encrypted by Apple through the network so Verizon has no idea. In addition, when a CDR is empty for a while, that does not necessarily mean that the phone is off or destroyed. It merely means that the device is not using Verizon network occupancy. iPhones have apps that are constantly using data even without the user doing anything, so they are unlikely to have long periods of no data activity. It is also possible that the device went on WiFi, not using Verizon network occupancy.

The tricky aspect of this case is that cell service in the area of the Swift home was TERRIBLE in 2011, so the Swifts had a network extender. A 3G network extender in 2011 might be something like this, 3G Network Extenders: Your Top Questions Answered. This thing clearly vexed Dyer County LE since the beginning.

Ms. Rexing's testimony focused mostly on the time-in-advance data, which essentially infers range from a tower to deduce possible phone locations. From this, Ms. Rexing could show Karen’s movement through billed data sessions in the CDR:
1:28am - appears to be at Bona’s house, confirming testimony
1:37-1:45am - on way to Roellen to get Ashley
1:52-1:53am - on way to Swift home
2:08-4:37am- network extender activity
4:57am- data session with no ranging or sector data
5:00am- data session with no ranging or sector data
5:04am- data session with ranging to cell tower near Mississippi River, location could be any of the areas of interest.
5:09am- data session with no ranging or sector data.
(It is not actually revealed or verified what she is doing on the phone at any point of this or who she might be communicating with, I assume that the prosecution/defense truly doesn’t know, or it is unimportant)

The defense used this to theorize that Karen Swift’s iPhone left the Swift home at 4:37am, never to return. But, Ms. Rexing never explained why ranging data was missing on the last few.

Mr. Williams explained that the final data sessions that did not indicate ranging or sector data were actually using the network extender at the Swift home. He showed this using the “home agent ip address” of the data session, which was the Swift network extender for all of them. So, the last time Karen’s iPhone was connected to the Swift home was 5:09 am, which was also the last known activity of Karen’s iPhone. The phone was never in the Mississippi River area, as was often reported early in the disappearance. That was a misunderstanding of the data and was honestly a huge waste of search resources at the time that mattered most to the investigation. It was apparent that the prosecution/LE did not understand what a “home agent ip address” was, or for some reason decided it wasn't important.

But that was not actually the final electronic activity of Karen’s phones…..
According to testimony of Joel Wade (Day 5, defense computer expert witness), there was a call to voicemail at 9:57am on Karen’s second phone, the Voyager phone that the Bona’s gave her, on the day of the disappearance. Joel surmised that it could be on the Swift network extender or on WiFi, but had no proof. Furthermore, I am 99% sure that the Voyager phone back then didn't have a WiFi feature. No one asked Joel about the “home agent ip address” of that call, and on Day 6 when the concept of home agent ip address was revealed to the prosecution, assistant DA Box never asked Mr. Williams about the Voyager phone call to voicemail. If the home agent ip address can be obtained for that final call to voicemail on the Voyager phone, then that information either fully excludes David (i.e., not the swift network extender) or, in my opinion, is proof of his guilt (i.e., is the Swift network extender).

I hope that the prosecution/LE has discovered something about the final call to voicemail as they await the possible manslaughter trial.
 
Contrary to my previous post that was more factual, this post is more opinion based. I tend to prefer Occam’s Razor on things (simplest explanation is the best).

-We know from trial testimony that Karen was staying the night at the Bonas after the Farms Halloween party, and that fact was supposed to be a secret from David.

-From trial testimony, the daughter remembers Karen putting her into bed with the other child.

-We know from evidence presented at the trial that while Karen’s iPhone was active on the Swift network extender from 2:08-4:37 am, via Joel Wade’s testimony on Day 5 the Swift laptop was being used to look at pictures. The pictures were of Karen’s tattoo, the kids playing soccer, and landscaping photos.

-We know from evidence that the iPhone CDR went blank from 4:37am until 5 data sessions from 4:57-5:09am that were routed through the Swift home network extender.

My made up story that fits the evidence:
The simplest explanation to me is that Karen had something significant planned in the early morning after the Farms Halloween party, thus the need to stay at the Bonas in secret from David. Then the call from the daughter at 1:28am. Karen had to be the person to pick her up as to not arise David’s suspicions, but needed to call David and let him know the situation. She picked up a screw in the tire on the long drive back from Roellen. Then she got the kid to sleep and moved her to another bed. Karen decided to stay up all night since it was already late and she couldn’t sleep thinking about whatever was planned. She looks at jolly pictures on the laptop, while scanning Facebook on the phone or something like that. 4:37am is time to go, so she gets in the car to go. Whoops a darn flat, in an area with terrible service for the preferred method of communication! She walks/jogs .4 miles back to the Swift home, gets to the driveway barely in distance of the network extender so she can iMessage/Skype, or whatever sort of preferred communication method that David can’t see, to get someone to pick her up. She gets into the car with someone she knows, quietly and without struggle, and that was it. Probably a bloody murder scene somewhere else. That someone KNEW that they had to destroy the iPhone and not the Voyager phone, or else the early morning communication would be revealed. For some reason, the abductor chose to call voicemail on the Voyager phone at 9:57am that morning, but Dyer County law enforcement is inept at electronic forensics and never figures out how to use that info until the defense expert witness David Williams explains it to them 13 years after the disappearance. Really sad to be honest. By the way, that abductor very well could have been David Swift. He could have woken up and said “Karen I will take you where you need to go” and she gets in the car with him to her death somewhere else. However, there is zero raw evidence that he did so, just like there is zero raw evidence that anyone else did it either.

Prosecution’s made up story during the trial:
The prosecution decided to portray a scenario that is unfounded in the evidence and even contradicts the evidence in places. Prosecution says strangulation in the bed, while not waking up the kids in the next room or dogs in the house, even though the official autopsy said blunt force to the head, drag her into the garage and stomp her head causing the head injuries and leaving blood everywhere, still not waking up the kids or dogs in the house, putting her body in the trunk of the Murano, driving her to the dump site, come back and clean up the car and stage the flat, purposely drive the car .4 miles away on a potentially loud flat tire, walk/jog back, clean up the garage with bleach while somehow deducing which droplets are dog blood and leaving those perfectly intact, even though no officer smelled bleach that afternoon when David let them in the house on the day of the disappearance. This cold-blooded perpetrator of a perfect murder planned it out long ago and chooses to do all of this while keeping his fingers crossed that the two kids in the house don't wake up in the middle of the night with a nightmare or something like that and need help (anyone with kids understands me), even though one kid is already feeling bad/sick that night. All the while, this cold-blooded perpetrator of a perfect murder chooses to browse Karen's iPhone/laptop from 2:08-5:09 am (3 hrs!) to look at kids pictures and her tattoo and her landscaping projects because he is suddenly guilty about what he did or something. And all this occurs while we know that David was at least hobbled by his leg, through the testimony of his physical therapist, but the prosecution claims that the leg injury/crutches was totally faked.

If David did it, he certainly did NOT do it anywhere near the way the prosecution said he did. And the jury understandably sniffed it out that the Dyer County DA/LE can't even convince themselves that they know how David did it.
 
The cell phone digital forensics is complicated but needs to be understood in this thread, because I think it is key to understanding events leading up to the disappearance. In the trial, there was contention between the testimony of Ms. Rexing (prosecution, Day 2) and Mr. Williams (defense, Day 6) regarding the last several data sessions in the call detail record (CDR) for Karen’s iPhone. I welcome comments and criticisms here.

I watched those expert witnesses a few times, and here is what I gather about a CDR. First of all, a CDR log describes all the data/text/calls that were performed using Verizon networks that would be billed. To clarify a bit, a CDR does NOT record random “pings” as a phone moves around in an unused state. If something is in the CDR, then the phone is doing something to consume Verizon network data occupancy. Could be a regular phone call, SMS message, iMessage, email refresh, YouTube video, Skype call, weather app refresh, etc. The content of those things are not necessarily logged in the CDR. Verizon itself may not even know the content of the data, for example iMessage is encrypted by Apple through the network so Verizon has no idea. In addition, when a CDR is empty for a while, that does not necessarily mean that the phone is off or destroyed. It merely means that the device is not using Verizon network occupancy. iPhones have apps that are constantly using data even without the user doing anything, so they are unlikely to have long periods of no data activity. It is also possible that the device went on WiFi, not using Verizon network occupancy.

The tricky aspect of this case is that cell service in the area of the Swift home was TERRIBLE in 2011, so the Swifts had a network extender. A 3G network extender in 2011 might be something like this, 3G Network Extenders: Your Top Questions Answered. This thing clearly vexed Dyer County LE since the beginning.
To justify my claim that the Verizon cell data clearly vexed Dyer County law enforcement from the beginning, see this article from Nov. 25, 2011 in the State Gazette. https://www.stategazette.com/story/1788118.html

They were so confused, they didn't really know what to do with the data Verizon gave them, and at that time claimed that the data Verizon gave them was "innacurate." Nope, Dyer County law enforcement was simply in over their head with modern electronic forensics (iPhones) combined with a network extender that they didn't understand. I believe this case could have been solved had they properly figured out the Verizon CDR data in Nov. 2011 as law enforcement should be expected to do. Searches would have been more targeted, body possibly found earlier, more evidence found, more suspects investigated, etc.
 
DYER COUNTY, Tenn. (Court TV) — A unique legal situation happened in a Tennessee courtroom this afternoon when David Swift appeared for what was supposed to be a bond reduction hearing related to the 2011 cold case death of his wife, Karen Swift. The hearing swiftly turned into a motion to dismiss as Swift’s defense argued that the statute of limitations expired prior to his 2022 indictment on a charge of voluntary manslaughter and aggravated assault.

[...]

David, now 56, was expected to be retried on the voluntary manslaughter charge but not the murder charges. It is important to note that there is no statute of limitations in first and second-degree murder, but under Tennessee law, voluntary manslaughter carries a statute of limitations.

[...]

After both sides presented their arguments today, the judge announced he would take time to think it over and set the next court date for July 30.

If the voluntary manslaughter charge sticks and David is convicted, he faces a mandatory life sentence.
 

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