Man accused of murdering boyfriend in Cape Coral appears in court for hearing

Writer: Carolina Guzman
Published: Updated:
Christopher Davis court appearance. CREDIT: WINK News
Christopher Davis court appearance. CREDIT: WINK News

The man accused of murdering his boyfriend in Cape Coral appeared in court for a hearing on a motion to push the trial back.

Christopher Davis appeared in court Tuesday morning where his attorney asked to waive his right to a speedy trial.

On Tuesday, the state warned the defense that they would uncover more evidence if they pushed for a continuance. However, the defense said they had no concerns.

Still, Davis seemed confused in court and said he didn’t understand everything that was said this morning.

“I just don’t understand everything that is going on, to be quite honest with you,” he said. “I mean, I understand about waiving my rights to a speedy trial; I don’t understand when the date will be set and how that actually works.”

On Monday, Davis’ attorney had reportedly waived his client’s appearance to file a motion to push the trial back so that the defense could continue their preparation for the trial.

However, the judge wanted Davis present before making a ruling on the motion, so the hearing was rescheduled for Tuesday.

Davis with his attorney at Aug. 20, 2024 hearing. CREDIT: WINK News

Davis stands accused of killing his boyfriend Barry Schmalbach. In July, Davis pleaded not guilty in court.

According to the Cape Coral Police Department, Davis reportedly last saw Schmalbach on July 19, 2023, in the vicinity of Beach Parkway in Cape Coral, where the couple shared an apartment.

Witnesses said they saw Davis purchase a pick-ax and a shovel and dispose of them shortly after he reported Schmalbach missing.

The next hearing is scheduled for Oct. 10 at 1:30 p.m.

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