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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1,465 Comments

  1. Rose says:

    wow. strong vengance motivation
    plus severely sociopathic & violent.
    doesn’t seem to fit current caste of characters,
    even the stepfather.
    like a middle eastern honor killing.

    Ya know, I don’t really see that traditionally, because those are never concealed. However, I might agree this crime has a level of retributive restoration of some perceived honor.
    The McStay case will benefit from the Corwin case in terms of public disclosure, imo. As sordid as that sounds.
    B

  2. Rose says:

    OT Ode I just did that recipe & froze the product in baggies.
    But I got carried away reading BOC, & shall we it’s possible to
    overcook & dry out ground turkey.

  3. Rose says:

    How did she get the word “someone is on the way to assassinate our
    family” in order to flee so abruptly? and from whom?

  4. Rose says:

    Yup, all in the percolator. Truly one of the most strenuous research efforts and cinderblock curtains (in context) I have seen in a long time.

    Like sitting at the train station and chatting with someone important at exactly the time it pulls in- and pulls away.

    http://blinkoncrime.com/2014/07/21/missing-marine-wife-erin-corwin-breaking-news-husband-was-not-on-duty-the-day-she-disappeared/

    B

  5. Rose says:

    Yes maam
    B

  6. alta says:

    Any indication of le talking soon?

    None. However, I might pay attention to what we might accomplish in the same jurisdiction- getting some traction.

    http://blinkoncrime.com/2014/07/21/missing-marine-wife-erin-corwin-breaking-news-husband-was-not-on-duty-the-day-she-disappeared/

  7. Rose says:

    whoot whoot

    off to read

  8. Rose says:

    re alta & Blink colloquiy… from Corwin, it seems San Bernadino Sheriff Dept briefs details when it suits case progress (pressure on a perp) but is otherwise tighfisted. Clearly their Spec Inves Unit moves swiftly on leads.!

  9. alta says:

    Why no mention of sm father
    Sm and her family did not want
    Him to know were they were
    Thats my understanding
    Was he violent? And has le ever
    Talked to him? Just wondering
    Why this is never discused
    Could be reason for sm name
    Changes..or am I reaching?

  10. alta says:

    B..do you know why nobody talks about sm father or is
    There nota to talk about?

    I think that there is a lack of confirmed data on that alta
    B

  11. alta says:

    B sorry for pushing this issue but do u think sm father should be looked at by le

    I don’t know.
    B

  12. Alli says:

    Joseph McStay Family laid to Rest

    by admin on July 23, 2014

    On Tuesday July 15, 2014 Joseph, Summer, Gianni, & Joey Jr McStay’s remains were laid to rest.

    Attending this small informal ceremony was my mom, my wife, and myself. We will be having a formal ceremony for Jonah (Joey’s remaining son) and his family and our family with my children at a later date. My mom did not want the kids to see the ground all turned up.

    One of the hardest thing I’ve ever had to do was to watch my mom see her son, daughter-in-law, and grandson’s ashes be lowered into the small shallow plot.

    After the private ceremony has been concluded, we will disclose the location of Joey, Summer, Gianni, & Joey Jr for anyone wishing to visit the cemetery memorial site and pay their respects.

    Thank You for your prayers and all the love & support. Your kind words and well-wishes continue to encourage the grieving family members dealing with this tragic loss.

    http://www.mcstayfamily.org

    Wow, these people are control freaks to the very end. What a bunch of BS. I hope a portion of Summer and the children’s ashes went to her Mother and Sister if they were not even invited to this. Horribly sad.
    B

  13. alta says:

    Can they legaly do that ? Sm family are.the ones that
    Have rights to her…again so sad

  14. Alli says:

    It’s horrible to think the cremains might have been separated!! The thought of receiving only a portion of a loved one’s ashes is abominable. Also, it’s disgusting Patrick was once again not invited to attend the burial of his family. I assume Patrick won’t be invited to the formal ceremony since the McFadden’s will be included.

  15. Rose says:

    wrt “One of the hardest thing I’ve ever had to do was to watch my mom see her son, daughter-in-law, and grandson’s ashes be lowered into the small shallow plot.”
    Sounds like it runs in the family–handed down from Mom.
    I myself, as a Mom, would have refused participation without immediate
    family members on both sides invited to be present, including grandchildren, who
    could chose to opt out on their own. This Mom sounds very weird in her thinking.
    What does she do in life anyway? Maybe she let the vampures in.

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