Christopher Gregory Davis has been sentenced to life in prison for the murder of Barry Schmalbach. Davis was sentenced to life in prison for Second-Degree Murder, 5 years in prison for Tampering with Physical Evidence, and 5 years in prison on each of 8 counts of Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual. All counts are to run consecutive. The defendant was sentenced immediately after the jury returned the guilty verdict, following a four-day trial in Lee County.
Assistant State Attorney Andreas Gardiner, of the Homicide Unit, and Assistant State Attorney Jennifer Justham, prosecuted the case.
The victim was last seen alive on the evening of July 19, 2023. His body has never been found.
The defendant lived with the victim and was aware the victim had planned to end their relationship. The victim was at a Cape Coral bar with the defendant on the night of July 19, 2023. A witness said it appeared that they were not getting along. Just after 7 p.m., the victim also texted a friend that he did not want to continue being with the defendant. 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.
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. The defendant was seen on store surveillance video soon after, purchasing two rolls of duct tape and a tarp. He had the victim’s wallet and was wearing the victim’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, the defendant was standing there.
The defendant, driving the victim’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.
The victim was not reported missing for several days. During that time, the defendant called the victim’s bank, pretending to be him, to make sure the debit card worked. The bank call was played in court as evidence. He then used the card to get cash out of local ATM’s at multiple locations. The victim also got a cosmetic procedure with Botox filler and shopped at multiple businesses, using the victim’s credit cards. He also purchased air freshener which was found in the victim’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.
Samantha Syoen – State Attorney’s Office Communications Director