‘Foul play’ involved in Cape Coral missing man case, police say

Reporter: Justin Kase Writer: Rachel Murphy
Published: Updated:

The Cape Coral Police Chief say there is now a person of interest in the Cape Coral missing man case.

Authorities said Schmalbach was last seen or heard from 16 days ago. This contradicts the previous timeline when a police report showed Schmalbach’s boyfriend claimed to see him get into an unknown car the next day.

Cape Coral Police are revealing that they’re treating this as a criminal investigation, saying they suspect foul play. They’re working toward a successful prosecution in a court of law.

A suspect wasn’t named, but authorities did confirm that there’s a person of interest. Their identity has been withheld.

“Since we are investigating this is a criminal matter. Our focus in this case, as with all criminal investigations, is to conduct all operations with one singular objective in mind, and that’s a successful prosecution,” Anthony Sizemore said, Cape Coral Police Chief.

Sizemore said that investigations were met with a ‘willful, deceptive nature’ in the first phone call they received about Schmalbach, leading them to suspect foul play.

“Mr. Schmalbach’s boyfriend called the police department on the 22nd to say that Barry was missing. The reporting party didn’t give any indication that it was unusual or an exigent situation,” Sizemore said. “In fact, he dialed back at the end of that call and try to alleviate any fears that there was anything suspicious.”

The police report shows investigators figured out early on that Schmalbach’s live-in boyfriend, Christopher Davis, was wanted on out-of-state arrest warrants from South Carolina and Georgia. Yet investigators waited until August 1 to arrest him.

Sizemore explained why, “Gathering information from him that was pertinent to the case. I mean, obviously, you can imagine when somebody gets arrested, their willingness to cooperate, provide information dries up.”

The updated timeline also means the following voicemail Schmalbach left for his close friend was left around the same time he went missing, “Hey, it’s me. Give me a call. I need your help. I need to get rid of this (expletive​) idiot because I can’t take it anymore.”

WINK News spoke with a former federal prosecutor about the extradition of Schmalbach’s live-in boyfriend, Christopher Davis. According to the source, unless Davis is charged or fights his extradition, he will eventually end up in a South Carolina courtroom.

Schmalbach’s loved one will be in Jaycee Park Saturday morning at 10 a.m. handing out flyers, hoping for any information on his disappearance.

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