David Swain, Once Accused of Killing Wife, Arrested on DUI Charge

David Swain, the Rhode Island man who was once accused of murdering his wife while scuba diving in the British Virgin Islands, was arrested this past weekend in Portsmouth on charges of driving under the influence. 

Swain, 56, of 993 Middle Road, Portsmouth, was arrested at 1:45 a.m. Sunday on Middle Road after his vehicle reportedly nearly struck a police cruiser. 

Police say a 1999 Toyota Corrola, operated by Swain, made a wide, right-hand turn onto Union Street from East Main Road. The Toyota nearly struck a police cruiser, which was stopped at the red light on Union Street waiting to turn onto East Main Road.

"The vehicle made a wide, right-hand turn, nearly clipping the cruiser," said Lt. Brian Peters. 

The police cruiser turned around and followed the vehicle. According to police, the Toyota drove through a stop sign on Schoolhouse Lane. Once on Middle Road, the Toyota made an illegal u-turn in the middle of the street. 

Swain later told officers he had driven past his house and was attempting to turn around. 

Police then stopped the vehicle. Officers said they detected a strong odor of alcohol on the driver, who was identified as Swain. The driver also appeared to have bloodshot eyes and slurred speech, police said. 

Swain was given a field sobriety test, which he failed, and was transported to the Portsmouth police station, where he allegedly refused to submit to a chemical test. 

Swain was held overnight at the police station. He was released on $1,000 personal recognizance after appearing before a justice of the peace. 

He is due back in court on Jan. 5 for arraignment. 

Swain returned to Rhode Island this past September after a Caribbean appeals court overturned a previous murder conviction, reported The Providence Journal. 

A former Jamestown councilman and North Kingstown High School drama coach, Swain was accused of killing his wife, Shelley Tyre, while the two were scuba diving 1999. He was first sentenced to 25 years to life, but the appeals court later overturned the conviction due to a lack of evidence, according to The Providence Journal.