UPDATE Thursday, June 26 at 8:03 p.m.:
The Cape Coral man accused of killing his boyfriend, Barry Schmalbach, back in 2023 has been found guilty and sentenced to life in prison.
Senior Reporter Kaitlin Knapp and Hendry County Community Correspondent Austin Schargorodski were inside the courtroom Thursday for closing arguments and the moment the verdict came down.
“Bam! Bam! Bam! No! No!,” said State Attorney Jennifer Justham, telling the jury that those were the last noises the neighbor heard from Schmalbach’s apartment before he was never seen or heard from again.
Justham walked the jury through the evidence, laying out the timeline that led investigators to believe Christopher Davis killed his boyfriend, Barry Schmalbach. She said right after Schmalbach disappeared Davis bought duct tape and a tarp at Walmart.
Then, she said a neighbor heard and saw Davis dragging something heavy out of their Cape Coral condo days later. Detectives say he also unscrewed the hallway lightbulb to avoid being seen, and say his fingerprints were on it.
Investigators then say he rented an Air B&B in rural Montura using his brother’s Air B&B account, where they believe he buried Schmalbach’s body nearby.
Cadaver dogs also alerted to human remains in the back of the Jeep they say Davis used to move Schmalbach’s body. Prosecutors say it all started when Davis found out Schmalbach wanted to break up.
“Barry’s demise was the defendant, and the defendant’s insecurities, and the defendant’s ill will, hatred, spite, and evil intent,” said Justham.
“You turn that light on and you’re dragging a body out of a condo, you’ve got a lot of explaining to do,” said State Attorney Andreas Gardiner.
But defense attorney Joseph Miskovich argued that the State was just pointing the finger at Davis without enough evidence. He said they’re painting Davis out to be a “mastermind,” and that he wouldn’t have gone to traceable places like Walmart, ATMs, or an Air B&B if he was guilty.
Miskovich argued the State was asking the court to infer too much without proof Davis actually killed Schmalbach.
“The State wants you to infer that Chris is this violent evil person, that would go from this simple walking on Del Prado and going back to their place, to now this homicidal person based on some little argument,” said Miskovich.
But in the end, the jury sided with the state and found Christopher Davis guilty of murder. He was also convicted of tampering with evidence and eight counts of criminal use of personal identification information.
Christopher Davis is sentenced to life in prison for the murder and five years for the other nine counts, which the judge said he will serve one after the other.
UPDATE Thursday, June 26 at 5:38 p.m.:
Christopher Davis has been sentenced to life in prison for Schmalbach's death. He received 5-year sentences to run consecutively for all other charges.
UPDATE Thursday, June 26 at 5:05 p.m.:
The suspect accused of killing a missing Cape Coral man has been found guilty of murder.
In a Lee County courtroom, the jury took two hours to reach a verdict.
They also found Davis guilty of tampering with evidence, and eight counts of criminal use of personal identification information.
Christopher Davis is the former boyfriend of Barry Schmalbach who went missing on July 19, 2023.
This is a developing story. Check back for updates.
UPDATE Wednesday, June 25 at 6:55 p.m.:
Prosecutors on Wednesday called 14 people to the stand on behalf of the State.
Fox 4 Senior Reporter Kaitlin Knapp explains what happened on day 3 inside the courtroom:
Some of the first people to testify included an employee at Ace Hardware and a Cape Coral Police detective to talk about the pick axe found.
Then, Cape Coral Police Officer Dan Lille was called to the stand. On July 22, he responded to Schmalbach's condo after Davis called non-emergency dispatch to report Schmalbach missing.
In court, prosecutors played Lille's body camera video of the entire interaction with Davis.
Davis described that he had not seen Schmalbach since July 19 and said, "I'm beginning to get in the mid stage of worry."
He said Schmalbach was not responding to him or his friends.
At times, Davis appeared to be distraught and wiping his eyes.
"There are some clothes that are gone and stuff," Davis told the officer.
Davis had told the officer Schmalbach had left his Apple Watch and that Davis had just looked at it. He also stated several times that Schmalbach "sometimes does this," referencing him not contacting Davis.
The officer suggested to Davis that he call back in a day or two if Schmalbach didn't show up.
Based on the conversation, the officer said he did not make a missing persons report.
Under the circumstances, there was no reasonable concern for safety. He wasn’t endangered. He had no type of mental capacity issues and he wasn't a juvenile," Lille said, responding to the prosecutor about why a report was not made.
After Lille testified, Detective Bearman came back to the stand and said Davis bought a safe at Home Depot on July 23, which happened to be the same safe that Schmalbach has.
He also bought new locks and a swing bar, Bearman said.
Next, a neighbor was called to the stand.
Becky Weber said she knew Schmalbach and Davis. On July 22, Weber said she saw Davis come to the pool at the condo complex and described his demeanor.
"Somewhat solemn, agitated...he had approached the gate and that he had called the police to report Barry missing and proceeded to become distraught," Weber said.
She said he was emphatic with his mannerisms.
Weber said they could track Schmalbach's phone with his Apple Watch, which Davis told her he left.
They went to the condo and after tracking it, they discovered it was on the "backhand side of the property."
However, she said they did not find a phone, but a phone case with dirt on it.
While in the condo, she said Davis talked to her about Schmalbach potentially cheating, but had previously admitted they were in an open relationship.
"He said he was worried that if he had broke up with him because he had no money and no place to stay," she said Davis told her.
Next to the stand was a Starbucks barista, who says she saw Davis walk in without Schmalbach again and asked where he was.
"He was very nervous and I’m really afraid. He didn’t come home last night and I’m worried it could’ve been a hate crime," she testified.
On July 24, prosecutors say Davis made an appointment at an aesthetic medicine business to get cosmetic work done.
In the paperwork, the receptionist said he put "Tyler Gamble" as his emergency contact, who was identified later as Davis's brother.
"He was excited. He had been to get a pedicure, he was happy, excited about getting treatment that day," the receptionist testified about Davis showing up to the appointment.
She said Davis didn't seem upset or mention anything about Schmalbach being missing.
In a receipt shown, Davis got $1,400 worth of lip filler and an injection in his face, which was charged to Schmalbach's card.
Assistant State Attorneys spent the next few hours diving into the forensics of the case.
They brought up a forensics technician from the Cape Coral Police Department.
Amy Schober said she took photos of Davis on July 24, the day they obtained a search warrant for Schmalbach's condo.
In the photos shown in court, you can see scratches on his legs and arms. Additionally, Schober described deep scratches and abrasions on his hands. Some were on his palms and others were in between his fingers.
Schober also discussed the evidence photos taken at the condo.
Some of those include the condo itself, keys to the Jeep, Schmalbach's medication bottles, a cell phone and a wallet.
Investigators say they also collected a lightbulb from the hallway near the stairs.
Assistant State Attorney Andreas Gardiner asked Schober if they found any cat leashes or harnesses in the condo, but she said no.
In a police report previously obtained by Fox 4, Davis claimed the scratches came from his cat that he was trying to put a leash on.
The testimony continued with a forensics specialist from Cape Coral Police named Kasey Buckner-Brager.
She dusted for fingerprints off the lightbulb and compared them to fingerprints previously taken in court from Davis.
She said it was a match.
Prosecutors went through more evidence photos, showing the jury Schmalbach's safe with a diploma, ammo, jewelry and coins inside. The specialist testified the prints on it also matched Davis, along with prints taken from a chemical bottle from inside the Jeep.
In the photos, investigators took a picture of trash from a pink trash bag from Schmalbach's condo. The State said duct tape pieces, cleaning wipes and the wrapper for the dolly could be found inside it.
Additionally, a phone case was in the trash bag. The specialist said the phone case did not fit the phone they seized, which was later determined to belong to Davis.
Aside from the physical evidence, investigators did a dump of Davis's phone data.
Jaclyn Fordham, the police department's forensics supervisor described Davis's phone calls made, text messages and various internet searches. Some of them included searching for the nearest Walmart, Home Depot, Airbnb, repairing a phone screen, adult entertainment, a dating app, "missing man in Cape Coral" and Powerball numbers.
After going through forensics, Leon Giacchetti testified. He has known Schmalbach for more than 45 years and is his power of attorney.
Giacchetti said he had to clean out Schmalbach's condo in August and said, "it was a mess. I couldn't believe it...there's no reason for his condo to be so messy."
On July 28, investigators went back out to the scene because of something found by a landscaper, who testified on Wednesday.
As the man was treating the area for fertilizer, he said he found a wallet in a storm drain. When they lifted the grate, the man said credit cards inside belong to Barry Schmalbach.
"I heard his name on the news and called the police and reported it," he said, which happened about four hours after finding it.
The man said he left the wallet on top of the drain after he found it.
Assistant State Attorneys turned back to another piece of evidence in their case: Schmalbach's Jeep.
Cape Coral Police asked the Pasco County Sheriff's Office if they could bring down two of their cadaver dogs to do a search.
Deana Hudgins brought down Indy, her cadaver dog.
She described how the dog is trained, and Hudgins says she's in charge of most of the training.
Hudgins talked about what the dogs are trained to search and said her dog solely focuses on human decomposition.
She testified that police had set up four cars in the employee parking lot at the department, but didn't tell Hudgins about the vehicle involved in the case.
"When he went around the Jeep SUV, he focused on the rear part of the vehicle," she said about Indy.
Hudgins said the dog barking, meaning alerted, to the back bumper of the vehicle.
They also went out to the Montura Ranch Airbnb to do a search of the home and around it, but there was no response from the dog.
K9 Deputy Brittany Layton with the Pasco County Sheriff’s Office then testified about her cadaver dog, Phi.
She searched the same areas as Indy and also alerted to the Jeep, which is Schmalbach's vehicle.
Again, Phi didn't find anything in Montura Ranch.
Prosecutors noted they were not asked to broaden their search to the surrounding area.
Court wrapped up shortly after 5 p.m. and after testimony on Thursday from Detective Bearman, closing arguments will begin before the case goes to the jury.
UPDATE Tuesday, June 24 at 7:13 p.m.:
As day two of the trial began, Davis walked in clean shaven, a stark difference from the long beard he had on Monday and from several previous court hearings.
Fox 4 Senior Reporter Kaitlin Knapp explains chilling details from inside the courtroom:
First on the stand was Rosalie Fallico, Schmalbach's best friend of 40 years. She testified that Schmalbach sent her a text message on July 19, 2023.
"I am at the bar with my BF but I am so done with the [expletive] please call me tomorrow. I miss you so much," he sent to her.
She replied, "Okay, will do. Love you hang in there."
Schmalbach said a few hours later, "It’s OK I love him. He’s a knucklehead, but I can’t wait to speak to you I’ve had a few"
Fallico said he would never say "I love him" or express that he had a few drinks. She also indicated she didn't think some of the messages were from him because of the grammar and punctuation was out of his character.
The defense asked Fallico if she knew Schmalbach was in a relationship with Davis, but said no, only that he was dating someone.
People who went or worked at Cruisers, a bar in downtown Cape Coral, testified that they saw Davis and Schmalbach there on July 19.
A bartender testified that he saw them talking.
"It seemed like they were having a little heated argument, but nothing crazy," the bartender said.
Another person said Schmalbach paid and left, and Davis came back and rushed after him.
Later that same night, the neighbor below Schmalbach's condo said she heard something above her unit where she was sitting.
"I heard something being thrown up against the wall and heard no, no, no," Kimberly testified.
Minutes later, she said something else happened.
"I heard this noise and it gave me chills. Like hair on my arms," Kimberly said before repeating a whimpering noise she heard. "Like someone losing their last breaths."
She said she looked out the window after hearing a chirp, and noticed Schmalbach's Jeep was gone.
Prosecutors showed the jury multiple videos and pictures, who they say is of Davis, going to different stores and buying things with Schmalbach's card without permission.
Detective Brice Bearman says Schmalbach went to Walmart, Target to take out cash and buy items and Lowe's where he bought a dolly between July 19-20.
"You wouldn't have an answers to that — whether he was given those with permission to use them or he took them — you wouldn't know," the defense attorney asked Bearman.
"No, I haven't been able to ask the person's name on the card who they were," Bearman replied.
Records showed Davis also rented an Airbnb in Cape Coral on July 20.
They also played a recording from Schmalbach's bank. Detective Brice Bearman said Davis pretended to be Schmalbach and attempted to add an Apple Pay card to an account.
The voice in the call were identified as Davis by two friends of Schmalbach's.
On July 21 around 4 a.m., a neighbor at the condo complex where Schmalbach lived said he heard a commotion outside his home.
At first, he thought it was a construction crew on the first floor. But then, he looked out his door.
"I heard the plastic [tarp] and then within just a few seconds, I saw a person dragging something back where I can see the back half of," he said. "They were bent over, dragging something."
The neighbor said he didn't know who it was at first, until he looked out his window and said the person's frame had matched Davis. He also said only three other people live in that building and Davis had gone into Schmalbach's home.
According to the neighbor's testimony, he said he saw Davis carrying a black, plastic tote and two bags, which he thought were beach chairs at the time.
He noted the lights were out in the stairwell, but then saw Davis screwing a light back in.
Bearman says they were able to then track Davis to a bank and Ace Hardware store in Clewiston.
In surveillance video shown, Bearman says Davis bought a shovel and pick axe.
Detectives say they also tracked him down to an Airbnb in Montura Ranch Estates, which is near Clewiston.
However, prosecutors say Davis didn't use his name.
The owner of the Airbnb testified and said someone named "Tyler Gamble" booked her home at 7 a.m. on July 21 for the same day as the stay.
"Hi I’m visiting family and just looking for a nice relaxing place to stay a while I travel. It will be just me," the owner read to the court from Airbnb messages between her and Gamble.
She said he kept messaging her about what he was doing, going for a run and things of the sort.
The owner testified this was unusual for someone to share as much as he did.
She told the jury she lived across the street from the Airbnb and saw a man running, but it wasn't Gamble. The owner testified it was Davis and not the man in the Airbnb profile picture that booked the home.
In the messages, Gamble said before he checked out that he wanted to sweep, but could not find a broom.
The owner said she and her mother went to clean the home on July 22 and things didn't seem right.
"The first thing that catch may attention was the sofa was moved from the wall, away from the wall," she said. "There was a lot of debris and branches and debris on that side."
She described it as little leaves and little branches from trees on the property. It sits on a little more than an acre in a rural area, the owner said.
Moments later, the owner said her mother called her to the bathroom.
"It was a lot of sand in the shower floor and at the bath tub," the owner said.
She also testified that there was a black tote with no lid on it outside near the trash.
The same day he checked out, July 22, the detective obtained video of an Ace Hardware in Cape Coral.
In the video, Bearman said Davis tried to get rid of a shovel and pick axe in the dumpster at the business. However, a manager testified that he went outside and told Davis he couldn't do that.
The manager said he went back inside and didn't know the pick axe was left on the side of the dumpster. He said employees put it in the office and wasn't discovered until the next day when he got back.
Detectives say they were able to retrieve the pick axe from the store.
The same day Davis checked out of the Airbnb, prosecutors say Miguel Blanco, one of Schmalbach's friends, and Blanco's husband, went over to Schmalbach's home.
"We had not heard from him and no responses to texts or phone calls," said Blanco's husband, Thomas Wilson.
Wilson said they had a key to Schmalbach's condo because of his medical condition and to watch the home when he was out of town.
"I noticed things were just not right," Wilson said after they walked in the condo. "The place was a mess and every light in the place was on."
Wilson and other friends previously testified Schmalbach was a clean person and meticulous.
"I looked at Miguel and said we need to leave," Wilson said.
Wilson said they went back the next day and saw Schmalbach's Jeep, which was "very dirty."
He also noted Schmlabach always shared his location with him on his iPhone and that it had been at the condo up until July 24. However, Schmalbach was not there.
He said they contacted Davis and said they need to file a missing persons report because no one had heard from Schmalbach.
"He [Davis] said he thought was with me and Tom because he said they got in an argument and that left and was going to be with friends," said Blanco, explaining what he says Davis told him before making the report.
Davis called the non-emergency number for Cape Coral Police and reported Schmalbach missing. However, the dispatcher testified that this stood out to her because Davis didn't call 911 and the information being relayed was "rather odd."
The day ended shortly after 5 p.m. and the trial will continue on Wednesday morning.
UPDATE 6:51 p.m.:
In just a few short hours, a jury of six people and two alternates were selected to hear the case.
Both the State and defense wasted no time and got right to opening statements, starting with Assistant State Attorney Jennifer Justham.
She walked up to the lectern and slammed her binder three times and said, "no, no."
"Those were the last noises that were heard from Barry Schmalbach's apartment on July 19, 2023," she said. "What follows that slamming, the no, no, no and whimpering is the defendant doing a search on his cell phone for Walmart near me."
Fox 4 Senior Reporter Kaitlin Knapp has been covering this case since July 2023 and was in the courtroom Monday:
She told the jury Schmalbach and Davis had only lived together for a matter of weeks and had met at a Cinco de Mayo party.
"Within 2 and a half months, the victim was gone," she said. "We don't have a body. What we do have are the defendant's actions."
During the defense's opening statement, Joseph Miskovich, one of two attorneys for Davis, talked about Schmalbach's heart condition and how he says Schmalbach let Davis use his credit cards.
"So what I ask you to do is wait before you make any formulated or fixed opinions until you've heard everything," Miskovich said.
The first witness for the State was Miguel Blanco, who has known Schmalbach for about 13 years. He was the first person to report Schmalbach missing.
He said Schmalbach left him a voicemail on July 19, telling him to call him back because Schmalbach needs his help and that he needs "to get rid of this (expletive) idiot."
During the testimony, Senior Reporter Kaitlin Knapp could see Davis wiping his eyes and his face turning slightly red in the courtroom.
The defense didn't have much of a cross examination, but touched on why Blanco didn't answer his phone.
The second witness to testify was a neighbor, who says she met Schmalbach shortly after he moved in in October 2022.
She told the jury Schmalbach could be seen at the pool with people from the condo complex. The witness said he would respond immediately in group texts and they went to the beach together at least once.
"Since July 19, 2023, have you heard from Mr. Schmalbach?" asked Assistant State Attorney Andreas Gardiner.
The witness said no.
The third witness was a man who drove Schmalbach and Davis in his Lyft to the Cruisers bar in downtown Cape Coral.
Capping off the first day of the trial was Brice Bearman, who was the lead Cape Coral Police detective assigned to the case.
He said he got a call late on July 23 from his supervisor about a missing persons case and had been told something seemed off.
In his testimony, Bearman said he started to piece together a timeline and obtained surveillance video of two men walking north on Del Prado Boulevard south on July 19 around 8 p.m., which another witness previously confirmed was Davis and Schmalbach.
8:29 p.m. was the last video to capture Schmalbach, who has not been seen since.
Through a warrant, Bearman said Davis did a search for the closest Walmart, which was on Del Prado Boulevard South.
In surveillance video, Davis can be seen walking into the store and going to self checkout.
Video and a receipt show Davis buying a 12x24 tarp, two rolls of duct tape and a drink in cash.
"Is there anywhere in this video Mr. Schmalbach?" Justham asked Bearman.
He said no and he was not in a Jeep out in the parking lot, which they previously identified as Schmalbach's SUV.
Shortly after 5 p.m. Monday, Bearman was dismissed, but prosecutors said he will be called back to the stand at another time for more testimony.
Court will start back up on Tuesday at 9 a.m.
ORIGINAL STORY:
The trial of a man accused of killing Barry Schmalbach, missing since July 2023, has started.
On Monday morning, Christopher Davis switched his clothes from an orange Lee County Jail jumpsuit for dress clothes shortly before potential jurors walked in.
The trial comes nearly two years after Davis was accused of murdering his then-boyfriend, Schmalbach.
Though detectives have not been able to find Schmalbach's body, they charged Davis with second-degree murder.
Fox 4 Senior Reporter Kaitlin Knapp went through the now confidential 72-page police report and has the in depth timeline put together by police below.
RELATED COVERAGE: ONLY ON FOX 4: What a man bought, that could prove he killed his Cape boyfriend
The trial is expected to last five days and Knapp will be in the courtroom to bring you the latest.
