Swain pleads not guilty to drunk driving charges
Former Jamestown Town Councilor David Swain on Jan. 12 pled not guilty to drunk driving charges stemming from a Dec. 18 arrest following a traffic stop in Portsmouth. Swain was in court alongside lawyer Gary Pelletier, who will defend Swain in the upcoming trial.
Swain, 56, failed a field sobriety test after a Portsmouth police offi cer said that he witnessed Swain nearly clip the front end of his police cruiser and then make an illegal U-turn. Swain told police that he was living with his son and daughter at 993 Middle Road in Portsmouth.
District Court Judge Colleen Hastings released Swain pending a Jan. 26 court appearance.
On Sept. 29, 2011, a panel of three appeals court judges ordered Swain released from a Tortola prison after reporting that it found unacceptable the instructions that were read to the jury by the judge in the 2009 trial. Swain was convicted by a jury at the 2009 trial of murdering his wife, Shelley Arden Tyre, while the two were vacationing in the British Virgin Islands.