DOWNTOWN FORT MYERS, Fla. — The man accused of killing Barry Schmalbach in Cape Coral more than a year ago told the courtroom on Thursday that he is ready to prove his innocence.
Christopher Gregory Davis is the former boyfriend of Schmalbach, who went missing in July 2023.
Cape Coral Police say Davis killed Schmalbach, but they have not found his body yet.
Watch below to see what the suspect said:
The State Attorney's Office said during a court hearing on Thursday the case is moving at a "glacial speed," which Davis nodded his head to.
"Judge, with all due respect, since the last time we were in front of this court we specifically requested that this case be moved along and this be put on a short leash," said Assistant State Attorney Andreas Gardiner. "The state is actually very frustrated with regards to the progress for this particular case."
Davis' attorney says he has not been on the case as long as prosecutors and still needs to interview about 20 witnesses in what's called depositions. Witnesses testify to both sides, which is not open to the public, so the defense and prosecution can question them before a trial.
The State Attorney's Office says they could be ready to go to trial in January or February.
Davis told the courtroom he wants that to happen.
"I’m ready to prove my innocence and I agree with them that this is taking too long," Davis said. "I think this should be hurried along."
When asked by Judge Nick Thompson about an anticipated trial date by the defense, the attorney did not answer.
They will be back in court on Dec. 19 where the judge said he wants both sides to figure out an anticipated trial date.
