A man convicted of murdering two women in Alameda County interrupted his sentencing hearing on January 22, 2025, by singing a song in front of his victims’ families.
David Misch, 63, was convicted for the murders of Jennifer Duey and Michelle Xavier. These young women’s lifeless bodies were found dumped in a remote area of Fremont in the 1980s. On the day of the victim’s statements, prosecutors said that the members of the victim’s family were reading through victim impact statements when Misch interrupted and then proceeded by singing inside the courtroom. The Sheriff’s deputies then dragged Misch out of the courtroom. The prosecutors stated that Misch purposely displayed such disrespectful actions so that he would be taken out of the courtroom. At most sentencing hearings, murder victims’ family members are allowed to read statements in front of a judge to describe their pain, loss, and sadness from losing a loved one. Victim impact statements give a voice to the voiceless murder victims. “David Misch’s behavior in court was not only reprehensible but a blatant display of no remorse for taking the lives of Jennifer Duey and Michelle Xavier. The families of these two young women have been waiting nearly 40 years to receive justice for their tragic and senseless murders,” clarified Chief Assistant District Attorney Royl Roberts. The jury found David Misch guilty of two first-degree murders.
Jennifer Duey and Michelle Xavier attended a birthday party dinner together on February 2, 1986. A few hours later, they were found dead on a motorcycle near Mill Creek Road in Fremont. The FPD stated they had been shot and stabbed. Investigators noted that, “At the time Misch was a big drug addict and lived in the Fremont area and was known to burglarize businesses.” The case lasted 15 years until a detective found Misch’s DNA under Duey’s fingernails. “Mr. Misch claimed that he had seen the two young women being kidnapped at gunpoint and tried to save them. He used this to explain why his DNA was present in this case,” wrote the Alameda County District Attorney’s Office. Misch’s DNA and lies were presented as evidence at trial, the prosecutors said, “Another piece of evidence stemmed from one of the victim’s hands, which had a partial license plate number written on it. The plate matched a vehicle associated with Misch.”
Chief Assistant District Attorney Royl Roberts said, “Thanks to the jury and this conviction, Mr. Misch will be held accountable. I want to recognize the prosecution team for their professionalism and hard work on this complex case, starting with Deputy District Attorney Allyson Donovan.”
Misch will begin serving two 25 years-to-life sentences consecutively in state prison after he completes the 18 years-to-life sentence he is currently serving for a third murder. Misch is also linked to the disappearance of Michaela Joy Garecht, a 9-year-old girl who was kidnapped from a Hayward parking lot on Nov. 19, 1988. According to the FBI, Garecht was with her friends at Rainbow Market when a man moved her scooter closer to his car. When Garecht tried to get the scooter back, he grabbed her and drove away with her in his car. She was never seen alive again. In 2020, Misch was charged with the girl’s murder.
The victim’s families had no clue about who killed members of their families until now, with David Misch serving justice with a life-long sentence in jail.
