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BVI judge hears requests before sentencing US man

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By MASON MARCUS, The Associated Press 12:41 PM Wednesday, November 4, 2009

TORTOLA, British Virgin Islands — A Rhode Island man convicted of killing his wife during a 1999 scuba trip should serve at least 25 years in prison before getting parole, prosecutors in the British Virgin Islands told a judge on Wednesday.

David Swain, 53, automatically faces a life sentence after a jury found him guilty last week, but he can be eligible for parole,and Supreme Court Justice Indra Hariprashad-Charles heard defense and prosecution arguments on when it might be allowed.

Swain sat expressionless and did not speak.

Defense attorney Hayden St. Clair-Douglass presented the judge with about 40 letters from Swain's friends and family and asked that he serve 18 years before receiving parole. He said Swain was a model prisoner and had no prior criminal convictions.

Prosecutor Grace Henry-McKenzie said Swain should serve at least 25 years, arguing that Swain killed Shelley Tyre for financial gain and had abused her trust.

The judge expects to sentence Swain on Nov. 10.

During the three-week trial, prosecutors accused Swain of killing Tyre so he could pursue a romance with another woman. They presented experts who said they believed Swain wrestled his wife from behind, tore off her scuba mask and shut off her air supply.

The defense had maintained that the drowning was accidental and said a poorly done autopsy report could have excluded a stroke or heart attack as reason for her death.

Swain already has been found responsible for his wife's death in a 2006 civil trial in Rhode Island.

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November 04, 2009 05:24 PM EST

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