Cape man sentenced to life in prison in Barry Schmalbach’s murder
Barry Schmalbach
A Cape Coral man has been sentenced to life in prison after being found guilty of second-degree murder.
Christopher Gregory Davis, 37, was sentenced Thursday in the death of Barry Schmalbach, 56.
Davis was also sentenced to five years in prison for tampering with physical evidence, and five years on each of eight counts of fraudulent use of, or possession with intent to fraudulently use personal identification information concerning a deceased individual.
All counts are to run consecutively.
Davis was sentenced immediately after a jury returned a guilty verdict following a four-day trial in Lee County.
Schmalbach was last seen alive on the evening of July 19, 2023 and his body not been found.
Davis lived with the victim and was aware the victim had planned to end their relationship, according to the prosecution’s case.
Schmalbach was at a Cape Coral bar with Davis on the night of July 19, 2023, and that a witness said “it appeared that they were not getting along.”
Prosecutors contend that just after 7 p.m., Schmalbach texted a friend that he did not want to continue being with Davis, but that the pair walked back to the victim’s condo.
“The last image of the victim alive is on a surveillance camera from an area business they walked past,” a release from the State Attorney’s Office states. “That night, a neighbor at the condo complex reported hearing banging noises like someone was being slammed around and the sound of someone moaning twice. (Davis) was seen on store surveillance video soon after, purchasing two rolls of duct tape and a tarp. He had (Schmalbach’s) wallet and was wearing the (Schmalbach’s) watch. A neighbor later heard something being dragged in the condo hallway, but the light was out in the hall so could not see what was going on. When the light was turned back on, (Davis) was standing there.”
The SAO stated that Davis, driving the Schmalbach’s Jeep, then rented an Airbnb in a remote area, using a false identity. He purchased a pickax and shovel at a hardware store using cash. The rented home was left with furniture askew and sand and dirt on the floor and in the bathtub.
Schmalbach was not reported missing for several days and, during that time, Davis called Schmalbach’s bank, pretending to be him, to make sure the debit card worked, officials state.
“The bank call was played in court as evidence,” the SAO stated. “(Davis) then used the card to get cash out of local ATMs at multiple locations. (Davis) also got a cosmetic procedure with Botox filler and shopped at multiple businesses, using Schmalbach’s credit cards. He also purchased air freshener which was found in Schmalbach’s vehicle. Cadaver dogs alerted to the scent of human remains in the vehicle.”
The Cape Coral Police Department led the investigation in this case.
Cape Coral Police Chief Anthony Sizemore issued the following statement Thursday following the guilty verdict:
“Today, I had the honor of sitting alongside the family of Barry Schmalbach in the courtroom as the jury delivered its verdict: Christopher Davis was found guilty of second-degree murder and fraud.
“This case has weighed heavily on all of us, and while no verdict can erase the pain of such a loss, today’s decision delivers long-awaited justice for Barry and his loved ones.
“I am incredibly proud of the dedicated work by our detectives, forensics personnel, and the entire Investigative Services Bureau. Their relentless pursuit of the truth, combined with a strong prosecution by the State Attorney’s Office, ensured that the facts were heard clearly and convincingly in court.
“Being with Barry’s family today as the verdict was read was a powerful reminder of why we do this work. Their strength, resilience, and gratitude meant more than words can express.
“Christopher Davis was sentenced to life in prison. We stand with the Schmalbach family and remain committed to seeking justice for all victims.”
Assistant State Attorney Andreas Gardiner, of the Homicide Unit, and Assistant State Attorney Jennifer Justham, prosecuted the case.
To reach CJ HADDAD, please email cjhaddad@breezenewspapers.com