On Thursday, December 19, 2024, David Emery Misch was found guilty of two counts of first-degree murder for the murders of Jennifer Duey and Michelle Xavier. On Tuesday, January 21, 2025, he was sentenced to two (2) consecutive 25-year-to-life sentences for his involvement in this case.
Over the last 39 years, several Fremont Police Officers and Detectives have invested numerous hours in this case. In collaboration with the Alameda County DA’s office, this case has come to a successful conclusion with Misch's conviction.
Case Summary and Background:
On February 2, 1986, shortly after midnight, best friends Michelle Xavier and Jennifer Duey were found deceased along the side of Mill Creek Road, a little more than a mile east of Mission Blvd. A motorcyclist driving on Mill Creek Road discovered the bodies at about 12:30 a.m. and immediately called the police. The women had been shot and stabbed in the hour prior. Michelle Xavier was 18, and Jennifer Duey was 20 at the time. The deaths of the two women were highly publicized and left many in the community shaken and fearful in their own neighborhoods.
Michelle Xavier’s Pontiac Sunbird was located parked approximately 3 miles away from the crime scene in the parking lot of the Mission Valley Shopping Center. Earlier in the evening, the women had attended a birthday dinner for a family member and were last seen together around 10:15 p.m. at a convenience store in the area of Farwell Drive and Mowry Ave. Their personal belongings, including purses and identification, were never found.
Immediately after the homicide, leads and phone calls kept detectives busy for several months. The Department dedicated additional resources, sparing no expense to investigate the case. While several people of interest were identified and interviewed over the years, Fremont Detectives ruled most out. Unfortunately, after an extensive investigation and following up on thousands of leads, the case went cold and was eventually suspended.
In 2016, a position was created in the Fremont Police Crimes Against Persons Unit to focus on open cold case homicides and missing persons. Due to the extensive work put into the Xavier/Duey case by prior detectives and the amount of existing evidence, the case became a top priority for the detective in this new role. The Cold Case Detective began to re-examine case files, as well as several pieces of evidence, including those that had been processed for DNA in recent years. The results of the evidence identified the main suspect as David Emery Misch. Misch lived in the area at the time and was a known commercial burglar and drug user.
In August 2017, our Detective presented the case and evidence to the District Attorney’s Office. Over the course of the next several months, detectives continued working on the case and re-interviewed witnesses, family members and suspect David Misch. In early 2018, the findings from the follow-up were presented to the District Attorney’s Office. On Friday, March 2, 2018, the District Attorney’s Office filed two counts of murder on David Misch in Alameda County.
David Misch was originally incarcerated and serving 18 years to life for a 1989 homicide that occurred in Alameda County. On March 2, 2018, a removal order warrant was issued for Misch and he was transported to Santa Rita County Jail by the Alameda County Sheriff’s Office. Misch remained in custody at Santa Rita until he was finally tried in court and found guilty of murdering both Jennifer Duey and Michelle Xavier on December 19, 2024. David Misch remains in custody at Santa Rita Jail and awaits his next murder trial for the death of Michaela Garecht.
A photo of David Emery Misch is included in the press release.
Incident: David Misch Convicted of Two Counts of Murder in 1986 Cold Case
Date of Incident: On or About February 2, 1986
Location: Mill Creek Road, Fremont, CA
Media Contact: [email protected]
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