Swagger Arraigned On Murder Charge - KCBD NewsChannel 11 Lubbock

6/17/08

Swagger Arraigned On Murder Charge

Source: Lubbock Sheriff's Office Source: Lubbock Sheriff's Office

37-year-old Arthur Swagger is in the Lubbock County Jail charged with murder. A Lubbock judge arraigned Swagger on that charge Tuesday morning. He's now jailed on a $500,000 bond.

Police say Swagger beat and sexually assaulted his former wife at the Motel 6 on the corner of 66th and I-27.  Police were called to room 221 on June 2nd.  Five days later, Swagger's former wife, Joy Swagger died at University Medical Center. 

Tuesday morning Judge Aurora Hernandez arraigned Swagger on the charge of murder. He stayed silent while Judge Hernandez read the charge aloud. Swagger only spoke to say he did not have any questions.  He left the same way he entered, shackled and silent.

Tray Payne with the Lubbock County District Attorney's Office tells NewsChannel 11 there is evidence of sexual assault, but the office doesn't feel it constituted a capital murder charge.

"We felt like the course of events that happened, it was in a separate time frame then actually in the course of committing or attempting to commit sexual assault; it was more afterward or beforehand that the sexual assault was committed, and so I didn't feel like those elements actually met the capital murder charge," Payne said. 

Swagger is also accused of hitting the couple's 5-year-old son.  NewsChannel 11 checked Tuesday afternoon, and both he and his 3-year-old sister remain in protective custody.

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