Who killed David Rainey? Wrongful death lawsuit alleges affair, murder of Palm Coast man

Palm Coast resident David Rainey went on vacation two years ago with his wife, two sons and two others to Dixie County, a sparsely populated area in Florida's Big Bend.

But the 54-year-old Rainey would not return from that vacation. His wife reported him missing after an argument. Later, a deputy would find his body in a canal behind the vacation home where the group had been staying.

He had three stab wounds in the upper torso.

While the murder investigation remains open, the case has taken a twist.

Two months ago, his wife, Cindy Sue Rainey, and sons, Bailey Rainey, 21, and Jack Rainey, 19, were charged with tampering with evidence. That evidence: the blood and DNA of David Rainey, according to court records.

The arrest raised more questions in the murder case than answers. Did the three family members play some role in his death? Why did it take more than two years to file charges? What exactly happened on the night of the murder?

A wrongful death lawsuit filed on July 21 on behalf of the dead man claims Cindy Rainey was having an affair with her boss, real estate broker Jeff Sawyer, who was also staying in the vacation home. It accuses Rainey's wife, two sons, Sawyer, and one other guest of killing him.

They deny the allegation.

And Sawyer, in a counter-claim, says David Rainey tried to kill him.

As for Cindy Rainey and her two sons, they remain locked up in the Dixie County jail each on $250,000 bond.

What we know about David Rainey's death

On Sunday morning, July 25, 2021, Cindy Rainey reported her husband missing. She told deputies that he had walked away from the rental house Saturday evening after the couple had argued. She said her husband left behind his glasses, wallet and cellphone.

After an extensive search, deputies found the missing husband on Sunday evening in the canal.

In the hours before his death, David Rainey learned Sawyer and Cindy Rainey “had been for some period of time, engaged in an extramarital affair" and a “bloody altercation ensued” according to the lawsuit.

Eleanor Coker, Bailey Rainey's girlfriend, called 911 “seeking emergency medical services for Sawyer, who had been injured and was bleeding,” the suit continues. It alleges that Rainey's wife, and two sons, Sawyer and Coker disposed of Rainey’s body in the canal behind the vacation rental.

“During the altercation, defendant Cindy Rainey unlawfully and intentionally killed David W. Rainey, resulting in his wrongful death,” according to the lawsuit which repeats the line for the couple’s two sons, for Sawyer and for Coker.

The defendants all deny the allegations. Cindy Rainey, Jack Rainey and Bailey Rainey did not return calls from The News-Journal seeking comment or could not be reached. Cindy Rainey's defense attorney, Richard Buzan, wrote in an email that it was his policy not to reply to questions from the press about his cases.

Jeff Sawyer did not return a call seeking comment.

But Sawyer's attorney, Patrick Brandt of DSK Law in Orlando, did send The News-Journal a statement.

"Mr. Sawyer is the initial victim in this tragic event, which is why he has filed a counterclaim in that civil case," he wrote. "Mr. Sawyer has no firsthand knowledge of any pending criminal proceeding or investigation and therefore cannot comment. On behalf of Mr. Sawyer, our thoughts and prayers go out to the entire Rainey family."

The suit was filed by Jacksonville attorney and curator of David Rainey’s estate Joshua A. Whitman.

The lawsuit also alleges civil conspiracy against the Raineys, Sawyer and Coker.

Jeff Sawyer says David Rainey attacked him

In the counterclaim, Sawyer alleges that David Rainey “flew into a homicidal rage and willfully broke through a closed bathroom door and maliciously assaulted and stabbed the indisposed and unarmed Mr. Sawyer with a knife.”

Sawyer suffered “severe and life-threatening defensive wounds to both arms” requiring emergency surgery, the counterclaim states.

Sawyer stated that David Rainey may not collect any damages for injuries he sustained while he was committing a felony, such as attempted murder upon Sawyer, according to the counterclaim.

David Rainey also assumed the risk of injury or death by starting the altercation, the lawsuit stated. Sawyer does not indicate who stabbed Rainey to death in his lawsuit.

Tampering with evidence

On Oct. 25, 2023, three of David Rainey’s family members were arrested in connection with his murder.

Investigators with the Dixie County Sheriff’s Office traveled to Flagler County and arrested Cindy Rainey and Bailey Rainey, with the assistance of the Flagler County Sheriff’s Office. Investigators then traveled to Orlando, Florida, and arrested Jack Rainey, with the assistance of the Orange County Sheriff’s Office.

Cindy Rainey, Bailey Rainey and Jack Rainey were all charged with tampering with evidence, which is a third-degree felony, according to an arrest affidavit.

A charging document in Dixie County court states that Cindy Rainey, Bailey Rainey and Jack Rainey, while knowing that a a law enforcement investigation was pending, intentionally concealed, destroyed or removed the blood and DNA of David Rainey. The document states they did so to impair its "verity or availability" in the investigation.

Neither Sawyer nor Coker have been charged in the case. The Dixie County Sheriff’s Office is continuing the investigation. It has not responded to a request from The News-Journal for a report on the incident. The Dixie County Sheriff did not return a call from The News-Journal seeking comment.

Besides the criminal case of tampering with evidence, there is also a civil case filed in Flagler County by David Rainey's family. His mother, Frances Archibald of Vero Beach, and his two sisters, Suzanne Rainey of Los Angeles and Lisa June Hudec of Yucaipa, California, filed the lawsuit against Cindy, Bailey and Jack Rainey and Jeffrey Sawyer and Eleanor Coker.

The lawsuit accuses Cindy Rainey, Jack Rainey, Bailey Rainey, Sawyer and Coker of disposing of David Rainey's body in the canal. But the lawsuit does not identify or accuse anyone of killing him.

The lawsuit states that Cindy Rainey later had David Rainey's body cremated. It states that Cindy Rainey "intentionally mishandled, mutilated or prevented the proper burial of the deceased by disposing or contributing to the disposing of David W. Rainey's dead body in a canal, and subsequently having the body cremated."

'A vast amount of blood' discovered in rental home

After reporting her husband missing, Cindy Bailey and the others left the house, also referred to as an Airbnb, and headed back to Palm Coast, leaving David Rainey in Suwannee, according to a report from the Florida Department of Law Enforcement.

After they departed, a woman cleaning the house contacted the Dixie County Sheriff's Office to say she had "noticed what appeared to be a vast amount of blood in the house."

A sheriff's office investigator searched the house and "discovered what appeared to be an attempt to clean up blood spatter and droplets throughout the residence," the report stated.

Blood was also found on an area of a dock on the canal in the backyard.

An officer was walking along the seawall in the backyard when he saw David Rainey's body face down in the water. Investigators believe the body surfaced due to the low tide, the report stated.

An autopsy was performed the next day on July 26, 2021, on David Rainey. His heart had been perforated. There was no water in his lungs.

In a motion seeking to lower her bond or be released on her own recognizance, Cindy Bailey's attorney, Buzan, states that she lacks the finances to pay a $250,000 bond. Buzan writes that Cindy Bailey's life has been "rooted" in Florida for nearly three decades and she is "eager to return to her local employment" and would agree to electronic monitoring if the court wishes. A judge last week denied her request to lower the bond.

Jack Rainey also filed a motion to reduce bond. In the motion, his attorney, Alan Bushnell, writes that if released, Jack Rainey would live in Orlando. Jack Rainey was a student at Florida Career College in Orlando, the motion states.

Bailey Rainey also filed a motion to reduce bond which states he was employed at Boston Whaler in Flagler Beach and would live near Bunnell.

The sons' hearings were also scheduled for Nov. 29 but no order was in the docket for the results of their hearing. However, they remained in jail Monday each on the $250,000.

Who was David Rainey?

David Rainey was born in Redlands, California, on June 10, 1969, and graduated from Schenectady Welding School in Schenectady, New York, according to his obituary. Rainey traveled all over the United States and the world for his work, it said.

He was married to Cindy for 21 years. His sons were active in baseball starting with T-ball and continuing through the high school varsity baseball program.

“The family enjoyed traveling with both boys’ teams and had many family trips to Alaska, Cooperstown, NY, The White House, and NY City to name just a few.”

The obituary ends with a note: “In lieu of flowers, the family of Mr. Rainey is asking for donations to a GoFundMe fundraiser." The fundraiser was organized by "Bailey Jack Rainey" and had raised $475.

The money was to go toward "his son's Bailey & Jack for their future." The fundraiser's page stated as well that it had stopped accepting donations.

The Dixie County Sheriff’s Office asked anyone with information to contact Investigator Carrie Barcia at 352-498-1231, ext. 227. Callers can remain anonymous.

News-Journal Executive Editor John Dunbar contributed to this report.

This article originally appeared on The Daytona Beach News-Journal: Palm Coast man's murder remains unsolved as lawsuit details affair