David Misch: The Bay Area Serial Killer
Overview
David Emery Misch is a convicted American serial killer whose violent crimes terrorized Northern California's Bay Area in the late 1980s. Already serving a life sentence for a brutal 1989 murder, Misch was definitively linked by DNA evidence decades later to a cold case double homicide from 1986, resulting in a second trial and conviction that ensured he would never be free. His known victims were young women, and his attacks were characterized by extreme violence.
Beyond the three murders for which he has been convicted, Misch is the primary suspect in one of the Bay Area's most infamous and heartbreaking cold cases: the 1988 kidnapping of nine-year-old Michaela Garecht. He has been charged with her murder and is awaiting trial. Throughout his legal proceedings, Misch has displayed a chilling lack of remorse, culminating in a bizarre and callous courtroom display during his most recent sentencing. His story is a grim testament to the persistence of law enforcement and the power of forensic science in bringing a long-dormant predator to justice.
Early Life and Criminal History
David Emery Misch was born in Chicago, Illinois, on February 19, 1961. His family moved to Santa Clara, California, when he was a young child. His upbringing was reportedly unstable and abusive. This troubled environment appeared to fuel a pattern of escalating criminal behavior that began in his teenage years.
Misch's violent tendencies were evident long before he committed murder. In 1977, at the age of 16, he was arrested for raping a housecleaner at knifepoint. He attempted to strangle the woman, but she managed to fight him off. Despite the severity of the crime, he was tried as a juvenile and received a relatively light sentence. He was paroled in 1979, but his freedom was short-lived. Just days after his release, he committed another home invasion, threatening a woman and her children with a knife before fleeing.
His early adulthood was a revolving door of incarceration and parole. He was imprisoned again and not released until January 1984. He settled in the East Bay, living in Hayward and working various manual labor jobs while supporting himself through petty theft. His life remained chaotic, and in February 1988, he experienced a personal tragedy when his infant son, David Michael Misch, died at just three months old. Throughout this period, he was frequently in and out of jail on drug and theft charges, but law enforcement had not yet connected him to the far more sinister crimes he was committing.
The 1986 Fremont Double Murder
On the morning of February 2, 1986, a motorcyclist riding along the isolated Mill Creek Road in Fremont made a horrifying discovery. Lying on the roadside were the bodies of two young women, Michelle Xavier, 18, and her best friend, Jennifer Duey, 20. The scene was one of brutal violence. Both women were found partially clothed; Xavier had been shot twice, and Duey had been shot and stabbed multiple times.
The two friends had last been seen alive the prior evening, February 1. They had attended a birthday dinner for a family member and were planning a simple night of pizza and movies. Their last known location was a 7-Eleven store in Fremont. Investigators found Xavier's 1984 Pontiac Sunbird convertible abandoned in the parking lot of a nearby shopping center, about three miles from where their bodies were discovered.
The initial investigation was extensive. Police interviewed numerous individuals, including David Misch, who was known to frequent the area. However, with no direct evidence linking him to the crime, he remained a person of interest but was not charged. The case eventually went cold, leaving the families of Michelle and Jennifer in a painful state of limbo for over three decades, haunted by the lack of answers and justice for their daughters.
The Murder of Margaret Ball
Three years later, Misch's violence erupted again. On December 7, 1989, 36-year-old Margaret "Maggie" Narcisa Ball was found dead in her home in Hayward. The discovery was made by her boyfriend's 11-year-old daughter, who had come to the house. Ball had been beaten and stabbed to death. The motive appeared to be robbery, as food stamps and a small amount of cash, totaling around $85, were missing from the home.
The investigation quickly zeroed in on David Misch. He had been paroled from prison on a burglary charge just three weeks earlier, on November 17, 1989. In a critical break, Misch's own father contacted the police. He reported that his son, while high on methamphetamine, had confessed to killing a woman.
Misch was arrested the next day, on December 8, 1989. The evidence against him was strong, and in 1990, he was tried and convicted of first-degree murder and burglary. He was sentenced to 18 years to life in prison with the possibility of parole. He was sent to the California State Prison system, and for a time, it seemed his criminal saga was over.
The Victims
- Michelle Xavier, 18 — Found murdered on February 2, 1986, in Fremont. A recent graduate of Mission San Jose High School, she was described as a vibrant young woman who was enjoying a night with her best friend when their lives were violently taken.
- Jennifer Duey, 20 — Found murdered alongside her friend Michelle on February 2, 1986. Her family remembered her as a kind and loving person, and they endured more than 37 years of uncertainty before seeing her killer brought to justice.
- Margaret Narcisa Ball, 36 — Murdered in her Hayward home on December 7, 1989. She was the victim of a brutal stabbing and beating during a robbery, a crime that left a lasting trauma on her loved ones.
Investigation and Cold Case Breakthrough
For decades, David Misch sat in prison for the murder of Margaret Ball, while the families of Michelle Xavier and Jennifer Duey had no resolution. The case was officially suspended in 1988. The break they had been waiting for came from the tireless work of cold case detectives and the advancement of forensic science.
In 2016, Fremont Police Department's cold case homicide detective, Jacob Blass, reopened the files on the 1986 double murder. He began a meticulous review of the original evidence. A crucial piece of that evidence was biological material found under Jennifer Duey's fingernails, preserved from the initial autopsy. In the 1980s, DNA technology was not advanced enough to produce a profile from such a small sample. By the 2000s, however, techniques had improved dramatically. The material was resubmitted to the crime lab, and in 2018, it yielded a full DNA profile that was a direct match to David Misch.
This DNA hit revitalized the investigation. Detectives uncovered corroborating evidence, including a witness statement from 1986 describing a man matching Misch's description near the crime scene. In 2018, the Alameda County District Attorney's Office, led by Nancy O'Malley, formally charged Misch with two counts of murder for the deaths of Xavier and Duey.
Separately, investigators were looking at Misch for another high-profile cold case. On December 21, 2020, authorities announced a stunning development: David Misch was being charged with the kidnapping and murder of nine-year-old Michaela Garecht. Michaela had vanished on November 19, 1988, after riding her scooter with a friend to a market in Hayward to buy snacks. A man had moved her scooter in the parking lot, and when she went to retrieve it, he grabbed her and forced her into his car. The abduction, which happened in broad daylight, shocked the nation. The break in this 32-year-old case came from a partial palm print found on the scooter, which modern technology was able to match to Misch.
Trial and Sentence
The trial for the murders of Michelle Xavier and Jennifer Duey finally began in the fall of 2023. The prosecution, led by Alameda County Chief Assistant District Attorney Royl Roberts, laid out a case built on the powerful DNA evidence. They portrayed Misch as a violent predator who had the misfortune of crossing paths with the two young women.
Misch, representing himself at times, pleaded not guilty. He concocted a bizarre and unbelievable story to explain his DNA being under Duey's fingernails, claiming he was a "hero" who had stumbled upon the women being attacked by two other men and had tried to save them. The jury did not believe him.
On December 19, 2023, after a six-week trial, the jury found David Misch guilty of two counts of first-degree murder, along with special circumstance allegations of multiple murders and murder during a kidnapping.
His sentencing hearing on January 19, 2024, became a spectacle of his remorselessness. As the families of his victims delivered emotional impact statements, describing decades of pain and loss, Misch began to sing "99 Bottles of Beer on the Wall" loudly. The judge had him removed from the courtroom, but he could still be heard whistling from a holding cell. Judge Thomas Reardon called Misch's behavior "so profoundly disturbing and disrespectful." He sentenced Misch to two consecutive terms of 25 years to life, to be served after he completes his current sentence for the murder of Margaret Ball, effectively ensuring he will die in prison.
Aftermath and Legacy
The conviction and sentencing of David Misch for the 1986 murders brought a painful but necessary closure to the families of Michelle Xavier and Jennifer Duey nearly 38 years after their deaths. Their perseverance, combined with the dedication of cold case detectives, serves as a powerful example of how justice, though long delayed, can ultimately be achieved.
Misch remains imprisoned at the California Health Care Facility in Stockton. The final chapter of his criminal prosecution is yet to be written. He still faces trial for the kidnapping and murder of Michaela Garecht, a case that has haunted the Bay Area for decades. For the families and the community, the hope is that this final legal proceeding will bring the last measure of accountability for a man whose legacy is one of senseless violence and profound cruelty.
