Berserk over his undercooked meal, he beat and raped his cousin, and poured gasoline to set her house afire.
By AARON SHAROCKMAN
Published June 18, 2004
LARGO - Neil Swisher fumed when a pizza delivery man brought an undercooked crust to his cousin's Ozona home one night two years ago.
And after a few beers, the burly, bald-headed roofer went berserk. He raped and beat the petite 45-year-old woman who had given him a place to live, and he later poured gasoline in her house, fueling a fire.
Swisher was calm Thursday, except for some tears, as he was sentenced for sexual battery.
He pleaded for mercy. But he received none.
Pinellas-Pasco Circuit Judge Philip Federico sentenced Swisher to 30 years in prison, calling his appeal for compassion "stunning."
"There was no mystery in this case," Federico said. "He raped and beat someone who took him in and let him live there. There's not a scintilla of doubt in my mind."
Despite witness testimony and DNA evidence linking him to the crimes, Swisher maintained his innocence during the sentencing hearing.
"I think I got a raw deal," he said. "I'm paying a big price for nothing."
Swisher, 40, was staying with his cousin on Aug. 2, 2002, when the undercooked pizza crust sparked his rage, Pinellas sheriff's deputies said. After attempting to send the pizza back, Swisher turned his anger on his cousin.
He hit her. He pulled out clumps of her hair. For two hours, Swisher dragged the woman around her house. He also raped her.
"What happened to me was so hateful, to be restrained, to be a prisoner of terror," the victim told the court. The St. Petersburg Times does not identify rape victims.
"Every time I got hit, I thought I was going to pass out," she said. "I thought I was going to die."
The woman eventually escaped and was taken to the hospital by a friend. Later, deputies went to her home to arrest Swisher. When they arrived, Swisher splashed gasoline around the house, on himself and at deputies. As deputies attempted to subdue Swisher with pepper spray, the fire ignited.
One deputy's pants caught fire. As he escaped the fire, Swisher followed. Deputies started shooting, striking Swisher five times.
The fire spread throughout the house, causing $200,000 damage. The deputy suffered minor burns.
"Those police officers were nearly killed by what he did," Federico said.
Swisher was shot in his chest, foot, left leg, buttocks and thigh and now walks with a limp and uses a cane.
He said he tried to assist the deputy away from the flames. He and public defender Paula Shea said he has already suffered.
"I paid quite a price for helping him out of the fire," Swisher said.
Swisher said pepper spray ignited the fire and that he didn't do anything wrong. He said he wasn't a threat and should not have been shot.
"Knowing he is going to prison, for the first time since all this happened, I was able to get up like I used to," his cousin said. "He is a monster."
Swisher was convicted of sexual battery and aggravated battery on a law enforcement officer during a three-day trial last month. Aside from the prison sentence, Federico ordered Swisher to pay $115,000 for his county-provided medical care.
"I still don't understand," Swisher said.
"That's the only thing I agree with you on," Federico said. "You don't understand. You'll still don't get it."
