Relatives and friends of Barry Schmalbach cried as the judge read the jury’s verdict in the disappearance and suspected murder of the Illinois native.
A jury convicted Christopher Davis, 37, of all charges in the 2023 disappearance and murder of Schmalbach, 56, of Cape Coral. The killer sat frozen as his verdict was announced.
Davis faced one count of second-degree murder, as well as fraud and tampering charges in the disappearance of Schmalbach, whose body has not been found.
A first for Cape Coral Police chief
Cape Coral Police Chief Anthony Sizemore addressed Davis’ conviction after the hearing, saying it was the city’s first murder case without a body.
“Number one, you put the right people in place, such as our detectives that are assigned to the violent crime the Major Crimes Unit,” Sizemore said. “Number two, you provide them with the tools and the training to be able to do the job. And number three, most importantly is I step back and let them do their job.”
Sizemore said he sat down with Barry Schmalbach’s family and gave them some pointers on how to grieve, given they did not find his body.
“I sat with the family throughout the investigation, and then obviously through the trial,” Sizemore said. “Today, we had a conversation where I said, ‘When you don’t have Barry, when we don’t have him to do a proper burial, you’re going to have to find solace in something… so getting a guilty verdict, a life sentence.”
Relatives speak of ‘big, beautiful light’ lost prior to sentencing
Two relatives and a lifelong friend had addressed the court before Thompson imposed his sentence.
Verna Bernstein, one of Schmalbach’s relatives in the courtroom, described Schmalbach as a “big, beautiful light.”
Bernstein said Schmalbach’s stepsister, Emily Schmalbach grew up close to Barry Schmalbach, calling him kind and generous “almost to a fault.”
“You never think it’s gonna happen to your family and in this case it did,” Bernstein said. “He was just taken like that.”
Bernstein said he will miss the birth of his first niece.
“We weren’t very close at the end, but I always loved him,” said Sherry Steier, Barry Schmalbach’s older sister. “I always knew he was a good person.”
Steier said Barry Schmalbach appears in her dreams, adding that “that’s how I know he’s OK and at peace.”
Rosalie Fallico, who lives in Illinois, where Barry Schmalbach has family, and who at trial said she and Barry Schmalbach have been friends for four decades.
“He was like family to all of us,” Fallico said, adding that he “had a whole tribe by his side.”
She added that he had friendships worldwide “that lasted forever.”
“He was the best person you’d ever know,” Fallico said. “The love that’s in this room for him can’t be matched.”
Jurors deliberated for nearly two hours
Jurors returned the guilty verdict against Davis nearly two hours after the defense told them the state had not met its burden of proof.
Earlier, the prosecution and defense wrapped up the case, including bringing the lead Cape Coral Police detective on the case, Brice Bearman.
According to Bearman, Davis became uncooperative when authorities reiterated to him that he was the last person seen on video with Schmalbach.
When public defenders Bill Miskovich and Dylan Rettig asked Bearman if authorities recovered firearms from the home, he said they recovered more than one weapon and added that their probe pointed at Schmalbach as the registered owner.
Defense requested acquittal on all charges
During a brief argument after the state rested its case, Rettig said the state had not met its burden of proof.
“There’s not enough evidence in this case to elevate a disappearance to murder,” Rettig argued.
In response, Gardiner argued that there is substantial evidence to establish Barry Schmalbach is dead and that Davis “is responsible.”
Gardiner argued that Davis only reported Barry Schmalbach missing days after he received pressure from Schmalbach’s friends
The prosecutor also referenced an argument, followed by a struggle in the condo the night Barry Schmalbach was last seen or heard from.
Gardiner said Davis got rid of Barry Schmalbach’s wallet, as well as a pickaxe and shovel he is accused of purchasing using his slain boyfriend’s credit cards after the slaying. Gardiner said those instances relate to the tampering charge.
Davis chose not to speak at his trial.
State describes slaying as ‘ill-will,’ ‘hatred’
Justham began her closing arguments by recreating what Barry Schmalbach’s final moments would have looked like.
“‘No, no,’ three knocks and gasping are the last noises witnesses heard from Barry Schmalbach,” Justham said. “We don’t have a body in this case but we do have a defendant in this case, the last person to see Barry Schmalbach alive.”
The prosecutor reminded jurors how one of the witnesses, Becky Weber, saw Barry Schmalbach’s wallet in the condo before it was found days later in a storm drain,
Justham pointed out how Davis purchased a shovel and a pickaxe with cash in Hendry County after the slaying.
“We have the entire picture for you,” Justham said. “Barry is dead.”
She described the slaying as “ill-will” and “hatred.”
About 10 p.m. July 19, 2023, approximately two hours after witnesses reported hearing Barry Schmalbach’s believed last breaths, she said, Davis bought a tarp, duct tape and chocolate milk with cash at a Walmart.
Davis stared at the screen as Justham summarized the evidence against him.
Justham argued that Davis stopped trying to contact Schmalbach after he reported his boyfriend missing.
She said further evidence were the scent of human remains on Barry Schmalbach’s Jeep that showed Davis transported Barry Schmalbach’s body from Cape Coral to Clewiston. Two K9s reacted when they searched Barry Schmalbach’s Jeep, according to evidence presented June 25.
Gardiner remined jurors how Barry Schmalbach and Davis met May 5, 2023, during a Cinco de Mayo party weeks before Davis moved into Barry Schmalbach’s condo.
After Barry Schmalbach disappeared, Gardiner said, Davis tried to access Barry Schmalbach’s safe, attempted to change the locks in the condo and used Barry Schmalbach’s Jeep as well as his credit cards.
“This case didn’t need a body. It needed a body of evidence,” Gardiner said.
Defense hints at DUI manslaughter scenario
Miskovich accused Barry Schmalbach of consuming “excessive alcohol and injectable medicines”.
The public defender also said the whimpering witnesses heard the night of the slaying did not rise to the level of calling 911.
Miskovich then elaborated on a hypothesis that Barry Schmalbach was killed in a DUI manslaughter crash. He said Barry Schmalbach had a heart condition, adding “it was easier to blame” on Davis.
“Things don’t add up,” Miskovich said.
The public defender also alluded to a series of firearms recovered from Barry Schmalbach’s home, adding that police hinted at Barry Schmalbach as being the registered owner of the weapons.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Bluesky @tomasfrodriguez.
This article originally appeared on Fort Myers News-Press: Live-in boyfriend sentenced to life in prison in Barry Schmalbach murder
Reporting by Tomas Rodriguez, Fort Myers News-Press / Fort Myers News-Press
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