McStay Family Murdered: Will Desert Graves Yield Their Killers?

Deserted in the Desert

Gianni Family Photo

 

 

 

 

Gianni Martelli McStay had rock star hair at only 4years old.  His little brother Joseph, affectionately nicknamed Chubba- did as well.  They both rocked a beanie like no other little dudes.

Chubba Family Photo

Gianni and Chubba were as inseparable in life as they were in death when they were recovered in a shallow grave in the Mojave Desert on November 11.

Their parents, Joseph, 40 and Summer McStay, 43, were located in a separate grave nearby.

A 3rd gravesite was found-but empty.  A protected source not authorized to speak to the media has confirmed that at least one of the parent’s remains was bound by an electrical cord.

While formal DNA comparisons and autopsy protocols are pending, the manner of death in all four victims have been declared homicides.

Just about 50 yards off the intersection of Route 15 and Quarry Rd the family that San Diego County Sheriff’s Department (SDCSD) believed was “likely” voluntarily missing on their own and living in Mexico, was recovered in a 30 hour excavation process.   An off road motorcycle enthusiast called the San Bernardino County Sheriff when he came across what he suspected was human remains.

Last April SDCSD forwarded the McStay case to the FBI based on their conclusions that the McStay’s had McGone to Mexico, following a lengthy complaint of their handling of the case by Patrick McStay, Joseph’s Father.   Troy Dugal, previous lead investigator of the McStay case, appeared on several news and cable television programs over the last three years explaining there was “overwhelming” circumstantial evidence the family of four that was pictured crossing the border into Tijuana, Mexico the evening of February 8th, 2010 was in fact, the McStays.

Following the recovery, San Bernardino County Sheriff’s Office will maintain jurisdiction of the investigation.

Frenemies..  Frenethieves.. Friends.. Family or Cartel?

Who brutally murders innocent children and dumps them in a hole they dug in the desert?

Logically- someone who is very familiar with the area.  Of course it is just as shocking and horrific to murder anyone,  but it takes a specific brand of evil to murder a baby.  Make that two.

There is absolutely no evidence whatsoever that either Joseph or Summer McStay had any ties to drugs, associates with ties to drugs or cartel, at any time.   None.

Contrary to a top selling book on the case, “No Goodbyes” by Rick Baker, there has never been any evidence whatsoever that Summer McStay was some sort of closeted psychotic and homicidal type.  The book goes on to malign members of both Joseph and Summer’s families and in some cases outright accuses same of extortion or stealing.   Baker’s subsequent public theory is that Summer murdered Joseph and everyone should be looking for her and the boys in Mexico.

Not surprisingly , Baker has requested Amazon pull his book from available stock and has offered refunds to prior purchases.   Popular online sleuth sites previously promoting “No Goodbye’s” have since either deleted it’s hundreds of posts endorsing Baker, or moved them to a member’s only private viewing area.

Albeit obtusely, Baker does touch on a troubling and serious abuse allegation concerning Joseph McStay’s oldest son from his first marriage, Jonah, and his step-father, Michael McFadden.  He writes summer filed a complaint with Child Protective Services after she and Joseph recorded a conversation with Jonah and placed a copy of same with a private party for safekeeping.  Blinkoncrime.com has been able to independently verify that is accurate, but that the investigation was not known to be completed until shortly after the McStay’s disappearance.  Under California probate law, Jonah would be an heir to the McStay estate or as otherwise provisioned in the instance of an existing will.

Interviewed by Laura Ling for E! Investigation, Joseph McStay’s web administrator Dan Kavanaugh claims he was the first to become concerned.  In Baker’s book, he refers to him as a suspect and details how he alleges he was funneling cash from McStay’s business account before he or anyone else knew the family was missing.  Kavanaugh has an unrelated open criminal matter in San Diego County according to court records.

Chase Merritt- Joseph McStay’s business partner in his water fountain design and installation business was the last number ever dialed from his phone at 8:28PM on February 4th.  Merritt joined McStay in a lunch meeting earlier that afternoon where they discussed a proposal for a very large car wash chain to feature custom fountains in each facility.   According to family friend MacCargar McGyver, McStay was very excited about the opportunity.  Merritt claims he passed a voluntary lie detector test, and that he was adamant that Joseph McStay would never have taken his family to Mexico and has always believed they met with foul play.

McGYver spent several days leading up to February 4th at the McStay home due to a painter Summer hired not returning to complete the job.  McGyver introduced Summer and Joseph and by all accounts was a close confidant of the couple.

Patrick McStay, Joseph’s Father living in Texas has had some harsh words for the investigation into the disappearance of his son, daughter in law and grandsons.

“…most botched, inept investigation I’ve ever seen in my entire life.”

He also believes very strongly that the list of suspects with motive to kill his family members is very short.  Three, to be exact.

He said the department didn’t even bother to contact him to tell him his son’s remains had been found.

“I got a message from someone [on Thursday] on Facebook telling me to go and read an article,” McStay said. “The minute I read the article, I knew it was him.”

“I have exhausted and have so much information on three possible persons of interest. All have a motive.”

The three individuals are not connected to each other, but all of them seem like likely candidates. Patrick says one of them seems to be a particularly likely suspect: he’s a wealthy man with a long rap sheet that includes charges of attempted murder, assault with a deadly weapon and burglary. McStay says he, too, has a motive for killing his son.

Although Mr. McStay did not reference him by name, he may be referring to Michael James McFadden, who was arrested in July 1998 and charged with attempted murder and a litany of other felonies including great bodily harm to a child:

459/460(a) PC – Burglary 07/16/1998 02/25/2000 Dismissed
422 PC – Assault 07/16/1998 02/25/2000 Dismissed
273.5(a) PC – Domestic Violence 07/16/1998 02/25/2000 Dismissed
12022.7(d) PC – Infliction of great bodily injury on a child under the age of five … 07/16/1998 02/25/2000 Dismissed
422 PC – Assault 07/16/1999 02/25/2000 Dismissed
240 PC – Attempt to inflict violent force on another person. 07/16/1999 02/25/2000 Dismissed
245(a)(1) PC – Assault with a deadly weapon other than a firearm 07/16/1998 01/18/2000 Pled Guilty
12022.7(d) PC – Infliction of great bodily injury on a child under the age of five… 07/16/1998 02/25/2000 Dismissed
422 PC – Criminal Terrorist Threat 07/16/1999 01/18/2000 Pled Guilty
664-187 PC – Attempted Murder 07/16/1998 02/25/2000 Dismissed

You will note some of the charges are from 1998, others 1999 on the anniversary date, McFadden successfully negotiated a plea agreement and only pled to criminal terroristic threats and assault with a deadly weapon other than a firearm.  Both felonies.

In the complaint he lodged against the detectives in SDCSD, Patrick McStay specifically references failure to interview key suspects he provided to LE directly.

Given the location of the bodies, it would seem that whoever is responsible would at least want investigators to think McFadden was involved.  As a self-proclaimed mountain bike “racer”, McFadden has participated in several bike events in various locations all along the Route 15 Mojave corridor.  SBCSO says they will be re-interviewing everyone in the case and have no suspects.

There have been no named suspects to date and the investigation is ongoing.  Memorial or Funeral arrangements for the McStay’s have not yet been announced .  LATE EDIT: The family and friends of the McStay family will gather at the grave site in Victorville,  on Joseph’s McStay’s birthday.

To be continued in Part 2:  Analysis of the last day of their lives points to involvement by someone they knew.

 

 

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1,567 Comments

  1. Rose says:

    is Chase repping bimself?
    if so, is that due to poverty or
    mental illness?

  2. Audie says:

    Blink, with Chase representing himself he would get to see all the documentation they have against him right. Was the same true when he had a lawyer, or would a lawyer only show him certain paperwork on occasion and this way he gets possession of it all?

    It is no different whatsoever, with the exception that he will have appointed counsel as well, regardless, and they would likely be in receipt ( as a practical matter) of all the discovery and meet with him to review and advise. They would not have the capacity to withhold anything from him, nor would retained counsel.
    B

  3. Rose says:

    @Blink, Audie. Representing self with co-appointed Counsel has the flavor–mild or strong idk–of a paranoid thought style. Could be situational or chronic; could be due fo mental illness, or innocence in a concrete or uneducated thinker.
    Baker (imo a parasite) advertised for 1 or more pro bono lic PIs to cull internet whatever to support a new book, proceeds to charity natch, focus on Mike & family system “grifters,” changeable focus, he says, based on progression of Chase’ prosecution.

    I can tell you what else it is- it frees him up for lawyers looking to take such a case to contact him directly- jus sayin’
    B

  4. Audie says:

    BOC, sorry if this is a stupid question, but if do lawyers generally want to do a good job because their reputations are on the line?

    Whereas if Chase represents himself, maybe he feels defeated, given up hope, feels what the heck, playing the martyr.

    Or could it be really doesn’t think he has long to live, or really is guilty?

  5. Lynne M. says:

    Hi B ~ Why do you suppose Merritt wants to represent himself? Do you think he’ll retain counsel at some point or is this part of his ego? Thanks Blink!

    I think he is interviewing lawyers for private retention.
    B

  6. Rose says:

    A word about the Blogger Who Isn’t Named.
    going to his blog for a rare visit, I see he is
    attacking posters on this site for defamation or whatever.
    Personally I resent being lumped in with the likes of WS & JQ.
    But iirc, you long ago made known that commenting on his writings here was
    unwelcome & a timewaster. So I don’t get how he thinks anyone
    is discussing him here. I will offer one adjectival description about
    his writing I glanced at just now–my impression as a reader:
    highly grandiose.

  7. Rose says:

    Oh, I see I did call him a parasite. Well, that is a good oldfashioned
    adjectival description of his relation to the McStays.

  8. Rose says:

    The irony. He Who Will Not Be Named blogs a diatribe against anonymous posters on other sites, identifying them.
    Followed immediately by 191 largely “anonymous” comments on his own blog.

  9. GraceintheHills says:

    Neurotaffy. I LOVE it!

  10. blabberhater says:

    Blink: RB has been claiming to have inside knowledge about the case to include evidence. He’s also speculating that others will be arrested. Have you also heard about additional arrests and do you think he really has an “insider”? Can’t wait for the evidence to come out so we hear more from you. I miss your posts and comments.

    My best advice to you ( didn’t I give you this already? lol) is to not read that tripe.
    As my Mother would say- I would not believe a word he said if he told me water was wet.
    B

  11. Gold prospector says:

    Not sure if the info posted here about Patrick Maloy has been corrected or not. I have looked but did not find it, just to let you know that the Patrick Maloy on your Dec 22. 2013 is not the right Patrick Maloy. Patrick still lives with his mom in San Diego and is only 28 it is the same one who has or had a girlfriend Gina Baca but he is not 50 something and has never lived in Oklahoma. I went down that rabbit hole that is how I know ..LOL Wish I could get those hours back.

  12. Gold prospector says:

    RB is getting pretty weird if you ask me. I never took his post as anything but fiction but it is going off the rails lately. but I still go to his blog for nothing else but to engage with other commenters who like myself have a healthy interest in this unsolved v interesting murder case . I loved coming here every night after work it was my go to ..but like everything it came to an end but I still miss reading your thoughts and others comments. YAK even though when I gave my 2 cents once about Summer and her real estate license I was crucified

  13. Marie says:

    Killing 4 people, blunt force will leave blood evidence. Painting a crime scene does not cover all evidence of blood. I do not think they were killed at home. No way! (of course I’m assuming that the home would have been checked–eyeballed and chemical application to the home and drains)for blood.

  14. Dee'sMom says:

    Marie you might be assuming too much. I don’t think they did anything beyond “eyeballing” the scene and thereby dropped the ball in a big way.

  15. Audie says:

    Blink why would officials not state motive, is it because it would be unfair to Chase’s right to a fair trial?

    Legally speaking, prosecutors are not required to prove motive, but even if they know ( I believe they have a theory) they are not likely to reveal that publicly until they present their case in chief or in the varying pre-trial hearings. They do not want to be accused of polluting a jury pool.
    B

  16. Audie says:

    Is it true that the Prosecution could have proceeded without Chase having his case file?

    No, it is being reset.
    B

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