At approximately 5:30 pm on January 16, 1884, Chief Swearingen was accidentally killed by the discharge of his own weapon.

Chief Swearingen and Deputy Marshal Langhorne had just arrested a man for being drunk and disorderly. Chief Swearingen and Deputy Langhorne placed the man on a bed in a cell in the jail and had re-entered the cell to search the drunken prisoner as he lay on a cot. Chief Swearingen's .45 caliber revolver fell from his pocket to the floor and discharged. The bullet struck Chief Swearingen in his right leg near his groin and traveled up into his bowels. He struggled down the stairs and was placed in a bed in the jailer's quarters. A physician responded but could not locate the bullet to remove it and he died 18 hours later.

During the previous ten years Chief Swearingen had served three terms as county marshal. He was survived by his wife of 17 years and three children ages 7, 9 and 15. Services were at the Christian Church. Interred: Woodlawn Cemetery.