When Beach went missing in 2006, the only lead investigators had was that he likely had been with the Denmarks. Jackie told Roane deputies in May 2006 she did not know Beach's whereabouts.
The missing persons case was reopened in 2010. Authorities searched the Denmarks' Beech Run Road property in February 2010 after Cottrill, Seth's girlfriend, told investigators she was with him when he picked up Beach in Main Street in Spencer. She said they then rode to the Denmark home.
Cottrill told troopers Seth asked Beach to help him dig a large hole. Then Seth and Beach rode off together on a four-wheeler heading for a hill behind the house. Seth later returned alone, showed Cottrill a gun and told her to get a flashlight and come with him.
She got on the back of the four-wheeler with a flashlight and a shovel. Seth drove them to the hill behind the home.
She said when they stopped, she saw Beach lying in a hole.
She said Seth told her to hold the flashlight while he buried Beach and threatened to kill her and her daughter if she refused.
Seth "made proof with his threats by shooting another person, David Wayne Beach, in the head with the gun," troopers wrote in the complaint.
Investigators searched the property, identified in Schamberger's motion as a light blue/gray two-story home, all outbuildings, garages and sheds and the 12-acres surrounding it.
But Schamberger said investigators searched the wrong house, a log cabin located on the same property.
Schamberger's motion asserts the search was illegal and State Police vastly exceeded their authority.
The motion seeks to suppress all evidence recovered at the home, including several weapons and ammunition but no body.
"It's a very curious case," Schamberger said.
Calls to the Calhoun Prosecuting Attorney's Office in Grantsville went unanswered Wednesday.
A trial date was set for Feb. 20 in Calhoun Circuit Court.
Contact writer Ashley B. Craig at ashley.cr...@dailymail.com or 304-348-4850.