72 pages of court documents reveal shocking details that may explain the disappearance of 56-year-old Cape Coral man Barry Schmalbach.
His boyfriend Christopher Davis, 36, has been named the prime suspect in Schmalbach's murder.
Documents share that the couple met a month and a half before Schmalbach was reported missing.
Davis reportedly moved into Schmalbach’s condo on Beach Parkway in Cape Coral five days after meeting.
July 19: The night Barry Schmalbach went missing
Christopher Davis and his boyfriend Barry Schmalbach visited Cruisers bar in downtown Cape Coral on Wednesday, July 19.
A friend of Schmalbach’s, Miguel Blanco, told police that around 6 p.m. he was invited to join the couple, but he decided not to go because he was having dinner with other friends.
Schmalbach and Davis arrived at Cruisers and sat down at the bar.
The bartender and a former boyfriend of Davis, told police he had heard them arguing. Another couple they knew also watched as Schmalbach left the bar, with Davis “practically running,” behind him, according to reports.
He told police the couple paid their bill around 8 p.m. and “left in a hurry.”
Blanco said he received a voicemail from Schmalbach at 8:21 p.m. saying, “I need your help, I need to get rid of this [expletive] because I can't take it anymore." Blanco said he did not listen to this voicemail until the next day, Thursday, July 20.
Blanco told police that no one had heard from Schmalbach since that voicemail.
A long-term friend of Schmalbach's reportedly texted him while he was at the bar because “she had not heard from him in a while.”
Schmalbach replied, “I am at the bar with my BF, but I am so done with the BS please call me tomorrow. I miss you so much.”
She told him to hang in there. That was the last time she heard from Schmalbach.
That night, she got a text from Schmalbach saying, “It’s OK I love him. He’s a knucklehead, but I can’t wait to speak to you I’ve had a few.”
Surveillance video captured the couple walking to Barry’s condo where the two lived. Documents say the couple was at four different locations.
- 8:19 p.m., Budget Blinds, 1601 SE 46th Lane - Heading northbound on Del Prado Boulevard South toward Beach Parkway
- 8:20 p.m., Port 32, 1503 SE 46th Lane - Heading northbound on Del Prado Boulevard South toward Beach Parkway
- 8:20 p.m., Monarca’s, 1604 SE 46th Street - Heading northbound on Del Prado Boulevard South toward Beach Parkway
- 8:29 p.m., Greco Jeweler’s, 4307 Del Prado Boulevard South - Heading northbound on Del Prado Boulevard South toward Beach Parkway
According to documents, a neighbor reported that night she heard “someone getting thrown around in the bedroom.”
That same neighbor told police she heard crying that sounded like someone saying “no, no” along with whimpering.
Later in the evening, around 9 p.m., the neighbor said she heard a car chirp. That’s when she told police she noticed Barry’s Jeep was gone.
Phone logs revealed that Davis searched, “Walmart near me” around 9:21 p.m. that evening.
According to reports, Schmalbach’s Jeep was located in the parking lot of Walmart in Cape Coral at 9:38 p.m.
Police say a camera caught Davis buying a tarp, two rolls of utility tape and chocolate milk from a local Walmart.
July 20: The day after the disappearance
Reports say Davis continued to use Schmalbach’s card after an investigation revealed he already “believed” Schmalbach to be missing.
Records show Davis called Schmalbach 19 times.
Davis’ cellphone records revealed an internet search for “Lowe's near me.” Shortly after, around 8:40 a.m., documents show Davis purchased a dolly at Lowe's.
Cameras caught Davis loading the dolly into Schmalbach’s Jeep.
Police used license plate readers to locate Schmalbach’s Jeep entering Cape Coral from the Cape Coral Bridge in the early afternoon.
Davis searched for Airbnb rentals throughout Southwest Florida.
Documents say Davis rented an Airbnb in Cape Coral under his brother’s name, Tyler. Reports say he had his brother’s permission to use his account after a stay in Las Vegas banned Davis.
Schmalbach’s Jeep was seen entering the neighborhood of the Airbnb around 4:30 p.m.
Police say later that evening, Davis made three transactions using Scmhalbach’s card.
Documents say Davis arrived back at the Airbnb around 6:40 p.m.
Davis's cellphone records show he searched for cabins for rent in Bonita Springs, Ochopee and Clewiston.
He left the Airbnb around 8:20 p.m. before returning to his and Schmalbach’s condo.
Police say Davis impersonated Barry on the phone with his bank in an attempt to connect Apple Pay to Barry’s card.
Police say that based upon the phone calls to the bank regarding Schmalbach’s card, and “Schmalbach” reading the number to the operator, it is probable that this card was in Davis’s possession when he made these calls.
This card was reportedly recovered from a storm drain by police later on. Police believe that Schmalbach’s wallet was disposed of in the storm drain sometime between July 20 and July 24.
July 21: Neighbors spot Christopher Davis moving heavy plastic tarp
Another neighbor told police that he was woken up around 4:15 a.m. and saw Davis dragging something that sounded like plastic out of Schmalbach’s condo on the concrete.
The neighbor also noted that the landing lights had also gone out, and came back on before Davis came back up the stairs.
Reports say the police department took prints from the lights and found that Davis had touched the bulbs.
Fearing he might be seen, the neighbor reportedly closed the door.
An hour later Schmalbach’s Jeep wasn’t parked in its normal spot.
Police say that at 10:37 a.m., Davis’s cellphone location was pinged at a Vision Ace Hardware store in Clewiston, where he reportedly bought a pickaxe and shovel. He said he was cutting down tree roots and uprooting them. Davis paid in cash.
He then rented another Airbnb in Clewiston.
The day after Davis’ stay, the Airbnb owners told police they noticed matted grass on the property as if something had been stored on it. Dirt, leaves and sand were left inside the home.
Police used license plate readers to track Schmalbach’s Jeep. They discovered the vehicle had been at the Airbnb and had traveled through Lee and Hendry counties.
That evening, Blanco checked on Schmalbach’s condo. When he arrived at the condo, they noticed Schmalbach’s Jeep was not there.
Blanco told police that Schmalbach recently had a medical issue where he was hospitalized, so he was given a key so he could help in case of an emergency.
Blanco used the key to enter the condo after no one answered. He said the condo was a mess, which was very uncharacteristic of Schmalbach.
July 22: Davis calls the police, disposes evidence
Reports say a neighbor sent a group text to neighbors at the condo regarding a barbeque being held on Sunday, July 23.
The neighbor said Schmalbach was always one of the first people to ask what he could bring.
Even when Schmalbach was out of town, he made a point to send a message right away to decline the invitation.
Davis messaged the neighbor to ask if they had seen Schmalbach. The neighbor said they did not hear from him.
Davis said he was going to call the police.
The last call logged between Davis and Schmalbach was around 11:15 a.m. Davis’s cellphone reportedly called Schmalbach’s phone, and the call was rerouted through Barry’s Apple watch and then forwarded to his cellphone.
Shortly after, Blanco texted Davis. Davis replied saying he was at home, bored, and that he was getting ready to go out to Walmart.
When Blanco asked about Schmalbach, Davis responded with:
“I thought Barry was with you. He told me he went to stay with some friends. He told me he needed some space and wanted to think about things, and he wouldn't return calls. He did the same thing when he was in Wisconsin. In California, I tried calling him a bunch. He texted me and told me not to call him, to give him space. But if he’s not with you, then I’m (expletive) off and think I’m going to leave the house.”
Blanco told Davis he thought they should file a missing person’s report.
Davis told Blanco he saw a message Schmalbach received on July 21 about an Italian dinner. Davis said he saw it on his watch he “left behind.”
Davis forwarded the number that sent the text to Blanco. Blanco reportedly called the number and got no response.
Blanco said he then sent a text to the number and the response he received looked like a scam.
A man who looked like Davis was seen at Vision Ace Hardware in Cape Coral.
Reports say surveillance video captured Schmalbach’s car pull up to the back of the store and park next to the dumpster.
The man got out of the car and looked like he was wearing an Apple watch. He was seen putting a shovel, pickaxe and other items in the dumpster when an employee confronted him.
Instead of throwing away the pickaxe, he left it leaning against the dumpster.
The employee told the man he could not throw things away in the recycling or dumpsters, but he did it anyway.
The man got into the Jeep and according to tracking logs, it went back to the condo along Beach Parkway.
Detectives attempted to find the waste after it was taken with negative results.
After being shown a photo lineup, the employee was unable to identify the man driving the car.
Employees at the store thought the pickaxe belonged to the store, so they placed it in the warehouse. All employees were DNA swabbed and the pickaxe was seized.
Just minutes later, at 1:03 p.m., Davis made a call to the Lee County Sheriff’s Office non-emergency line.
At 1:19 p.m., Davis made another call, but this time it was to the Cape Coral Police Department’s non-emergency line.
A CCPD officer responded to the condo at 1:53 p.m.
Davis told the responding officer that Schmalbach had not been home for a few days and was going away with friends.
The “friends” of Schmalbach called Davis earlier in the day saying they had not heard from him.
After calling Schmalbach with no answer, Davis said that he was in the “middle stages of worry.”
Davis reportedly showed officers his cell phone and the text messages that he sent to Schmalbach over the last few days that were never responded to.
According to Davis, Schmalbach not responding was a regular occurrence, however, he wanted to file the report because friends were saying he was not responding to them either.
Officers asked if Schmalbach’s car was at the condo. Davis said that Schmalbach did not take his Jeep, but that was normal because he would normally take an Uber to the airport if he was going out of town.
The Cape Coral Police Department said they would write up a report, but he did not qualify as an endangered missing person.
Davis reportedly asked if it would be okay to “wait a day or two” and then file a report “in case he showed up.”
Officers asked Davis for identification which he said he did not have. He provided his name and an incorrect birthday. This was when law enforcement found out Davis had a warrant for his arrest in South Carolina and Georgia, but at the time they were not extraditable.
A neighbor was swimming in the pool at the condo complex when Davis walked up to the gate. Documents say Davis said he filed a missing person’s report.
The neighbors asked Davis why Schmalbach had not responded to a group text about a barbecue that was planned at the complex on July 23.
Neighbors say that it was not normal for him to not reply, even if he couldn’t make it.
Davis invited the neighbor up to the condo where the two discussed Schmalbach. The neighbor attempted to call Schmalbach and left him a message asking him to call her back, but she got no response.
Later that evening Cape Coral police received a call at 7:36 p.m. to check on Schmalbach.
Officers met with Davis at the condo an hour later.
Reports say Davis answered the door and stated that he had just taken some medication and was almost asleep. He said he was in no condition to speak with anyone.
Davis told officers that the last time he had seen Schmalbach was on Thursday. Officers asked if Schmalbach left his phone behind along with his Apple watch.
Davis said he did not know where the cell phone was, but he did leave his watch.
Officers asked Davis if he knew Schmalbach’s number, which he said he did not know off the top of his head.
Davis told officers that Schmalbach had been messaging other men behind his back. He told police if they were going to start somewhere, they should start there, referring to the dating sites.
He allegedly told officers that if they wanted to return tomorrow, he would prefer to talk then.
Reports say Davis was worried he was “...slurring my words and I don't want to say anything wrong or anything like that.”
Officers left and spoke with the initial caller.
While standing outside filing the missing person’s report, officers asked the man if Schmalbach usually left his vehicle unlocked. The man said no.
The man told officers that he was shocked and that it was odd that his vehicle had dirt on the wheel wells and tires.
He said this was the first time he had ever seen Schmalbach’s vehicle dirty.
Officers checked license plate readers in the area and that’s when they saw that the Jeep had multiple hits in Lee County from July 20th through July 22.
Schmalbach was listed as a missing person.
July 23: Davis talks to the news
Davis made his way to the pool party alone and told neighbors Schmalbach had still not come home.
That’s when he mentioned that he was going to call the news.
The neighbor explained that Davis was “all about money” and that was all he ever talked about. “Barry’s buying me this, Barry’s buying me that.”
Later that day, Davis messaged a news reporter about a story that had run. Davis reportedly wanted to contradict what was being said.
Documents say he heard information on the news that he did not agree with. Davis told the news that the mud came from earlier in the week when the couple went to Pine Island to buy plants.
July 24: Davis requests a lawyer, police serve warrants
Around 3:12 p.m., detectives met with Davis at Schmalbach’s condo again.
Davis was informed that detectives were there to follow up and see if he had heard anything from Schmalbach.
Davis had not heard anything, but he told detectives the last message he got was July 20 when he said Schmalbach texted that he was with friends and needed space.
Detectives asked Davis about the night at Cruisers on July 19. He said they had gone out and he got “drunk, drunk.”
Davis said that he was so drunk that he could barely remember the walk home.
Davis told detectives that he and Schmalbach had gone to bed between 8 and 8:30 p.m. He said he woke up to an alarm at 4 a.m. to find Schmalbach wasn’t there.
Detectives then asked Davis if he and Schmalbach had been in a fight at Cruisers and he stated that they did not, and he was under the impression that everything was fine.
Davis said a small amount of clothing, a set of house keys and Schmalbach’s wallet were missing from the condo.
He then said that he must have “hit something at the bar” while at Cruisers, but to his recollection, “everything was fine.”
When it was time to leave Cruisers, Schmalbach ordered a Lyft, but they decided to walk home instead because they were tired of waiting.
Detectives continued to question Davis, asking about the Jeep.
Davis said he used the Jeep from time to time but only if it was an emergency.
Detectives asked if he had used it since he’d been missing, which Davis said he had not.
Davis then told detectives he was starting to “feel a little weird” and asked if he needed a lawyer.
Detectives informed Davis that he may have been the last person to be seen with Schmalbach. That’s when Davis requested a lawyer.
The questioning ended and Davis asked the detectives to leave his condo. Detectives informed Davis that they would not be leaving and they had several search warrants signed that were going to be served.
Davis was advised that his cell phone was being seized. He provided the passcode and then left the condo.
Detectives searched Schmalbach’s condo and Jeep at 3:47 p.m.
Police say multiple items were seized from the condo and items of note included:
- Apple iPhone (Davis’s)
- Apple iWatch (Schmalbach’s)
- Wallet (Containing Davis’s ID and several of Schmalbach’s cards)
- Lenovo Laptop
- Medical paperwork
- Jeep key fob
Davis’s laptop was transferred to the United States Secret Service to gain entry to its contents in early September.
Schmalbach’s Jeep was seized and towed to the CCPD headquarters.
Detectives conducted a search warrant for Davis’s DNA and it was served at 4:21 p.m. in the hallway of the condo.
Detectives gathered photos of “fresh injuries” on Davis’s hands. He said the scratches were from his cats when he tried to put a harness on them.
Davis also mentioned that he got Botox that day and that was why his face looked swollen.
All of the garbage and recycling were seized that day from the communal dumpster in the parking lot.
At 4 p.m., Davis was seen going into the condo to use the phone to contact his mother.
His mother picked him up around 5:15 p.m. and they were seen going to Waffle House and later to Walmart where Davis bought a new cell phone.
Davis and his mother then went back to her house in Lehigh Acres.
July 25: Detectives search through the evidence
Forensic specialists processed the garbage seized from the dumpster.
Inside, forensic specialists found, two pink plastic garbage bags, the same as the ones found in Davis and Schmalbach’s kitchen.
They also found mail addressed to Schmalbach, plastic sheeting, and cardboard wrapping for a Milwaukee brand, a hand trunk, and heavy-duty tubular stair climber tires. The wrapping was balled up and wrapped in duct tape. A broken black iPhone case was also found.
Later that day, detectives served a warrant on the Jeep.
While searching through the Jeep, detectives found a 76 credit card in the center console and a Walmart receipt from Clewiston.
Detectives took swabs from the steering wheel and gearshift, as well as dirt samples from multiple locations inside and outside of Schmalbach’s Jeep.
Bank records revealed that the 76 cards recovered from the Jeep had a transaction for $66.24 on July 21 at the Daybreak Gas Station on Del Prado Boulevard.
Detectives looked through surveillance video and saw a man who looked like Davis pulled into the gas station around 5:30 a.m.
The male pumped gas and left the station at 5:32 a.m.
Detectives also gathered footage from the Clewiston Walmart cameras. They found photographs that showed a male that appeared to be Davis.
Detectives say the man made a cash purchase of health and beauty items and a package of hot dogs.
The next piece of evidence officers searched was the dolly from Lowe's. Detectives say they went through the purchase log and confirmed the model they seized was purchased on Thursday at 8:43 a.m.
After gathering footage, they saw a man exiting the store and loading the dolly into a Jeep.
Detectives were able to put the purchase log together with the video and confirm the male appeared to be Davis.
Based on the items located during the search, a second warrant was signed for Schmalbach’s condo.
Officers served the warrant at 3:26 p.m. Items of note that were seized include:
- An empty wallet
- Pink trash bags
- Roll of duct tape
- Credit cards that had been shredded
July 26: Detectives learn more about Davis' Airbnb stay
On Wednesday, CCPD contacted the Lee County Sheriff’s Office Aviation Unit.
Based on pins located in Davis’s phone, an aerial search was conducted over Hendry County.
After several hours in the air, detectives say nothing was located.
Detectives visited the office Davis said he got Botox at. An employee of the business confirmed that a new client created an account and visited on July 24.
Davis reportedly paid $1,454 with an American Express card.
Detectives confirmed that the card Davis used belonged to Schmalbach and was the same card he used to pay the tab at Cruisers.
While going through the download of Davis’s phone, detectives confirmed there was an Airbnb rented in Montura Ranches, Florida for one night under the name “Tyler Gamble”.
It was later confirmed that Tyler Gamble is Davis’s brother.
Detectives met with the owners of the Airbnb who said when they were cleaning the place, they found some things odd.
The grass under the front stairs was matted down as if something had been stored on top of the grass.
While vacuuming, the owners said they found dirt, leaves and sand.
The owners also told detectives they found two black storage bins outside in the garbage. The garbage truck collected the trash on the 25th, the day before the search warrant was executed.
One owner was able to identify Davis through a photo detectives provided.
Detectives gathered contents from the vacuum for testing and were able to match prints from the back door window to Davis.
A neighbor's ring camera was also able to capture what detectives say appeared to be Schmalbach’s Jeep.
Detectives saw Davis place a pink trash bag in the communal dumpster at the condo complex on July 26 at 8:20 a.m.
Detectives collected the bag and were able to match it to the pink bags collected in previous days.
July 27: Detectives search Schmalbach’s condo and storage unit
Detectives obtained a search warrant for Schmalbach’s condo and storage unit. A Sharps container, medication prescribed to Schmalbach, two safes and a red hand-truck were seized. Several black storage totes with yellow lids were found inside the storage unit.
On the afternoon of July 27, Davis was added to Schmalbach’s Amazon account. Five purchases were made from the account with Schmalbach’s credit card, including $600 in Visa gift cards, four pairs of shorts totaling $254.80, and a pair of Adidas shoes worth $65.
July 28: Schmalbach’s wallet found in storm drain off Beach Parkway in Cape Coral
At 5:43 p.m., a landscaper called Cape Coral police about a wallet with multiple credit cards that he discovered in a storm drain while working at a home off Beach Parkway. The man told police that the wallet was covered in dirt and had a couple of cards with the name Schmalbach on them. Detectives and forensic investigators arrived at the scene, determining that all the items in the wallet belonged to Schmalbach, including his driver’s license.
Documents say that surveillance footage captured multiple Amazon packages being delivered to Schmalbach’s condo, and Davis signed for one at 5:35 p.m.
July 31: Pasco County Sheriff’s Office gets involved
The K-9 unit of the Pasco County Sheriff’s Office sent two units to the Cape Coral Police Department to help with the investigation.
Dogs were sent to hit on Schmalbach’s Jeep.
The dogs alerted on Schmalbach’s vehicle on the front driver-side tire. They also alerted on the rear wheels and trunk area of the Jeep.
There were four searches in total conducted on the Jeep during the search. Documents say the K-9 units both alerted on Schmalbach’s vehicle and in two of the searches they gave trained responses for human decomposition.
The Hendry County Sheriff’s Office conducted a search warrant on the Airbnb with the K-9 unit which had negative results.
Documents say that as Amazon packages were being delivered, Davis looked like he was changing the locks on the front door of the condo.
Aug. 1: Davis is arrested
During the initial call for service on July 22, a records check showed that Davis had an active warrant for a probation violation in South Carolina dating back to 2018.
On August 1, Davis was seen getting into an Uber and traveling to the gym. When Davis was leaving the gym at Cape Coral police were able to confirm that the warrant was extraditable.
Davis was arrested in the parking lot and transported to the Cape Coral Police Department before being taken to the Lee County Jail.
After Davis’s arrest, detectives conducted another search warrant for Schmalbach’s apartment which they served that day.
Detectives entered the condo and immediately located a suitcase and a large duffle bag as if someone was planning to leave town.
Schmalbach’s scheduled trip to Chicago would have been the next day on August 2.