CAPE CORAL, Fla. — Behind every face and every action, there's a name. The search for those names is where the journey begins.
Fox 4's Senior Reporter Kaitlin Knapp is on a mission to get to know the names we know, and perhaps find the ones we don't, along with the detectives working in the same communities you call home.
In Fox 4's award-winning series "Sunshine Crimes," we are going across Southwest Florida to tell the stories of people waiting for justice.
This story isn't necessarily a cold case, but it certainly isn't fully closed. It's one Kaitlin Knapp has followed for nearly two years to the day.
Cases like this are rare — "no body" cases. But, the State Attorney's Office got a conviction without a crucial piece of evidence we normally see in murder cases.
Barry Schmalbach went missing from Cape Coral on July 19, 2023. After a trial featuring 40 witnesses and extensive circumstantial evidence, Christopher Davis, Schmalbach's then-boyfriend, was convicted of the murder.
"Just trying to find justice for Barry has been a difficult almost two years and our hearts have been very heavy," said Miguel Blanco, Barry's friend who testified during the trial.
The case presented unique challenges for prosecutors Jennifer Justham and Andreas Gardiner, who had to build their case without the victim's remains.
"This is my first homicide that did not have a body involved," Justham said.
Gardiner had previous experience with similar circumstances.
"I did a no body case about eight years ago," he said. "That was one of the first cases that had never been presented to our homicide unit as far as a no body case went."
The prosecution team got involved shortly after Schmalbach's disappearance and developed a strategic approach to the case.
"We were hopeful that ultimately he would be found, but we were of the mindset 'Hey, you know, even if we don't find him, we still need to go forward,'" Gardiner said.
Their strategy focused on creating a comprehensive timeline of events.
"I always wanted to tell a story. I wanted to begin from when was the last time anyone had seen or heard from Barry to the time when we can confirm, you know what, Barry's deceased," Gardiner said. "He’s no longer with us and that’s why we ended with the cadaver dogs on the 31st of July."
Prosecutors relied on both physical evidence and digital footprints to build their case. They presented evidence showing Davis purchased a tarp, duct tape and chocolate milk the night of Schmalbach's disappearance. Days later, Davis bought a shovel and pick axe in Clewiston, all while using Schmalbach's credit cards and SUV.
"I think whether you have a body in a homicide or not, you're looking at the totality of the circumstances," Justham said. "You're looking at the facts, your witnesses and what evidence that you can present."
The prosecution also utilized audio evidence to help jurors visualize the crime scene.
During opening statements, Justham slammed her binder on the podium three times and said, "no, no." She said this signified the last words and sounds Schmalbach made before his death.
"To put somebody in the moment by either bringing a sound effect in or having them listen to an audio clip or seeing a video of somebody do it — they can actually put themselves there," Justham said.
Davis's defense team attempted to create reasonable doubt by discussing Schmalbach's medical history and suggesting he might have given Davis permission to use his credit cards.
However, prosecutors maintained their case was structurally sound.
"In a no body homicide case, it's akin to actually being a rope that has fibers," Gardiner said. "If a fiber breaks, the rope is still strong. It's not like a chain so to speak."
After just two hours of deliberation, the jury returned with a guilty verdict.
When asked about potential plea deals that might have revealed the location of Schmalbach's remains, Gardiner acknowledged, "There were discussions that were had with regards to ultimately resolving the matter."
The prosecutors consulted with Schmalbach's family about the possibility of a plea agreement.
"Ultimately, they said Barry would've wanted justice to be served and the person who did it, held responsible," Gardiner said.
Despite the successful prosecution, the case has left a lasting impact on everyone involved.
Gardiner recalled a particularly moving comment from a family member after the verdict: "You lifted a huge amount of weight off of our shoulders. We woke up this morning feeling so much lighter."
Justham added, "As one of the witnesses put it, we are part of their tribe now."
Schmalbach's loved ones continue to hope for closure.
"We will never give up hope that we will recover Barry's body one day," said Rosalie Fallico, one of Barry's best friends.
Davis has filed a notice of appeal for his conviction. He's in a South Carolina prison finishing up another sentence for an unrelated case.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
