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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@Blink.
wrt “I think this individual made their hatred of one big enough to include the others.B”
If this is the case, it was not a business deal gone wrong, nor a cartel thingamajig. Nor
a business partner with burglary in the past. Nor likely nuclear family; after all, one could’ve
smashed a sib years ago. Imo there was a specific rage-inducing precipitant in an intimate,
yet peripheral, psycho. One would think a his or hers lover, but there are none.
This someone wanted the parents to know their kids would not live.
Torture. You’d almost think Joseph was an abortion surgeon, tackled by a psycho
lifer who, due to foetus’ deaths, took the surgeon’s own childrens’ lives.
It’s on that level. tit for tat.
A Texas Grandfather writes:
” I hope the people who excavated the graves were careful to make note of the length and width of the graves. They could match a bucket width of the Bobcat. There would also be evidence of a generally smooth wall rather than the slices and irregular wall from a hand dig.”
A random online search offered up an article dated Nov 16 from New York Daily News.
This article includes a photo with the caption
“Prison workers fill in the graves Friday where the McStays were found”
http://www.nydailynews.com/news/national/mcstay-family-disappearance-probe-botched-angry-relative-article-1.1519082
so , yes, one would have to wonder if the investigators thoroughly examined the graves themselves, looking for signs of how they were dug, before bringing in workers to fill them up…..
Was that the actualb survailence video of the Mcstay’s white SUV seen leaving their home on “Vanished withbBeth Halloway”? If it was the actual one and not a reenactment, Joseph’s green pickup truck was not there.
http://www.youtube.com/watch?v=6Y3pDQg0nNU&feature=youtube_gdata_player
It was a re-enactment. I will say I have not found anyone to say that Joey was one to back in the Isuzu.
B
Rose
Bobcat makes two classes of earth moving equipment. The original design was a four wheel short wheelbase tractor. The lift mechanism is attached to the rear and extends past the cab area to the front.
They have also branched out to build small backhoe type equipment. These are tracked rather than wheeled. The tracks are rubber rather than steel. Digging up a sewer line is more efficient with a backhoe.
The weight of these machines is from a ton to five tons. You can load these machines onto an appropriate trailer and pull them with a pickup truck. My 1/2 ton pickup will tow a two axle trailer with electric brakes up to 10,000 lbs. A 3/4 ton pickup with dual rear wheels can tow more.
Equipment of this type is normally much larger. Local governments have trailers designed to move a variety of equipment. They use what they have rather than matching the trailer to a particular piece of equipment. A fifth wheel mount in the bed of a pickup allows it to pull much more weight than a rear mounted trailer hitch.
One possibility for the 3rd grave, could have been planning to dig 4 but changed their mind during the course of digging the 3rd, due to conditions and time, then only used 2, which would account for the shallowness.
THANK YOU for taking on this case.
First time posting, but jumping in with this. Is it not feasible that three graves were preplanned/dug; one for each adult and the third for the children; then finding that two adults could be placed in one instead of two saving limited time/detection? After reading hundreds of articles, I conclude this was a total hatred crime. It wasn’t about business, money, drugs, or anything else. I believe it was an ongoing issue with the eldest son and at least two perps are involved by leaving automobile at border. Am I way off base here?
It would be interesting to see if MJM could have a connection to construction site. Thanks Blink. I have followed you on other cases(Anthony/Cummings) without commenting and I trust your judgments!
I would really like to stay away from opining connections of named subjects in a speculative way. What I wrote is based on facts occurring at the time, and Mr. McFadden’s criminal record is a public record- copied directly from the OC docket. That said, it may be that he is not involved but it is my understanding that everyone that was interviewed previously is already aware they should expect to once again.
B
One more comment – this link (http://www.youtube.com/watch?v=uow-NfKhOeU) shows Jonah playing the piano and toward the end of the video, Chubba (baby in diapers) climbs on the bench with him. It is sort of difficult to tell; however, it looks like Jonah has blonde hair and doesn’t look like the rest of the dark haired family.
I edited your comment out of concern for Jonah. I could find no proof that he is not JM’s bio son and he resembles his Mom, who is fair.
B
Hi fellow posters, I am making a huge apology to all of you and to the good folks that run these venues in which we are able to share our views with each other. Recently, a fellow poster pointed out to me that I was making unfounded assertions and basically, stated that doing this was unethical. After some thought, I realize that that poster was absolutely correct. In making spurious and nebulous assertions, I was possibly causing undue, and possibly, unwarranted, intrusions on others’ rights to privacy. Unfortunately, I came back with a snarky response impinging on the other poster’s maturity. Sadly, it was actually my own lack of judgment that was at issue. I am very sorry for my lapse in judgment and have made myself a promise to stay away from these boards as I apparently tend to jump to conclusions and “post” before thinking out the impact. I will point out that I was slightly “infected” by the spirit and the almost universal desire to “help” bring the BGs to the forefront in this very sad case. From reading other folks’ posts, I see that I am not alone in my actions. I just pray that LE is not stymied or waylaid from their investigations by spurious and unfounded postings on various websites. Thank you.
Tea- I am assuming you mean that occurred somewhere else- as I did not find you do that here. Fwiw, my site has been very successful in several cases in progressing investigations, and apprehending suspects to successful prosecution through critical thinking and advocating posters like yourself.
I admire your integrity, you are welcome to post here as you wish.
B
Thanks for the link whodunnit
The pictures of the graves are not good enough to determine just what the people who did the recovery actually cleared. Obviously, these would have been opened very carefully with hand tools in order to not loose an opportunity to find all possible evidence. They do not show a true rectangle shape as I expected. However, they may not have excavated to the limit of the original hole. That IMO is something that should have been done.
@Tea, wrt “Recently, a fellow poster pointed out to me
that I was making unfounded assertions and basically,
stated that doing this was unethical”
Couldn’t have happened here, as Blink corrects quietly,
fact based, & with humor, & mostly moderates out the
“personalized” disaffected who direct-target other posters.
In response to:
TNgfd says:
One more comment – this link (http://www.youtube.com/watch?v=uow-NfKhOeU) shows Jonah playing the piano and toward the end of the video, Chubba (baby in diapers) climbs on the bench with him. It is sort of difficult to tell; however, it looks like Jonah has blonde hair and doesn’t look like the rest of the dark haired family.
Maybe it’s just me but I think there is a family resemblance, especially between Gianni, Jonah, and Joey. I was struck by the similarities when I saw the photo linked below of Joey’s 3 sons:
https://www.facebook.com/photo.php?fbid=107208869374624&set=a.107207606041417.16567.100002565331606&type=1&theater
Out of respect for parties involved in the sensitive nature regarding Joey’s oldest son and is ex-wife’s current husband, I won’t say much other than I’m surprised more has not been said. I will say, that’s quite a record he has. I am glad we aren’t hearing too much about his oldest son because he must already be in excruciating emotional pain and he’s at such pivotal but difficult age where he should be having the time of his life instead of living this nightmare, and perhaps others.
Welcome TR- I am keeping a tight moderation on the issue of the CPS Investigation leading up to the McStay’s disappearance and those involved so I appreciate your sensitivity. The only positive thing I can say for this child is what he likely already always knew. His Dad did not leave him.
B
Tea,
Please continue to post with us. This is the highest quality crime blog on the internet thanks to Blink’s research, investigation, and analysis of so many missing person’s cases, plus her huge heart. She has a very high standard for her work and I think you will find the quality of posters here reflects Blink’s hard work, ethics, and determination to bring the missing home, and their perps to justice. I have enjoyed reading your posts here!
in regards to the case, im baffled as to how they were lured out of the house without it reflecting in phone records, emails, text messages, etc. I wonder if its possible they went missing before the image of the isuzu pulling out of the driveway, and the person pulling the isuzu out of the driveway was actually the perp? either way, i agree that the timeline as presented to us through the media/family/sdpd isn’t fully accurate. I don’t know if the police are withholding something, but i dunno if they would do that given the fact that they seemed to be operating under the theory that the family actually was in mexico, unless they were trying to mislead a possible POI. either way, im glad there are fresh eyes on this case
im also interested in summer’s notary business and whether or not maybe the left the house and were lured out by someone who claimed to need something notorized?
Good question but why would everyone need to go, and take the kids out just before bed?
B
Too many people in this case work in the construction profession.
——–
ATG is right. Bobcat’s site is thorough and attractive.
http://www.bobcat.com/publicadmin/viewArticle.html?id=27553
“In between excavating for residential and commercial projects, Kimmel supplements his business by digging graves for area cemeteries.”
Bobcat & gravedigging hits are profuse.
p1 google hits from
construction bobcat dig graves:
“How Rental Centers Profit from Bobcat Equipment
http://www.bobcat.com/…/viewArticle.html?id...
Because of advanced technology, rugged construction and reliable performance, they help boost the …. “Our customers use it for everything from excavating footings and trenches to digging graves.
Digging Horse Graves – TractorByNet.com
http://www.tractorbynet.com/…/construction…/...
Sep 12, 2007 – 11 posts – 7 authors
Does anybody dig horse graves with their backhoes or other equipment? … Construction Equipment; Digging Horse Graves …. would use her Bobcat to finish off backfilling and grading.”
—–
imo then the bobcat owner/renter knew he was digging graves & had probably done it before. Given the nature of the graves, surely LE noticed the tracks & took measurements and so on.
Michael is very observant.
maybe he’s used a bobcat attachment in his business so
recognized the treads:
from a google search:
“Bobcat Attachments – YouTube
http://www.youtube.com/playlist?list...
Select from a variety of Bobcat attachments to transform your compact tool carrier into a … and is designed for the precise grading required for most flatwork applications. ….. Applications include constructing new sprinkler systems and placing …”
——-
http://precisionfiresystems.com/info/
——-
this blurb suggests the killer walked the 4 McStays to their gravesite. http://forensics4fiction.com/2011/08/30/digging-a-grave-the-criminal-perspective/
—–
wrt that recycling center accepting scrap metal. It seems such centers also sell the recycled products to construction businesses.
An example:
“Envireco provides a material recovery service from construction and demolition waste, producing quality crushed materials for re-use in earth moving, drainage, site preparation and road making projects. We accept C & D waste and sell screened material at our Cavendish Road site, or we will process larger amounts on your site.
Envireco is committed to reducing landfill in the Shire.” http://www.sthgrampians.vic.gov.au/Page/PagePrint.asp?Page_Id=545
So a business owner could’ve used the recycling center as a purchase site.
Sound research Rose. Sadly, it is my belief the victims were executed in the graves as well. The unimaginable horror these people went through.
To the point about graves- and I likely discussed this in other cases, is that an aerial camera, whether drone or otherwise would detect this anomaly in that terrain relatively easily. I have not been able to secure hi-res imagery but I can see the tracks from the most recent google earth shots from this March.
It is exactly what locates missing persons remains when one has at least a solid perimeter to work with. This was not the case here. In my opinion if in fact this family left on their own that evening, together, they were in fear of something. I have my doubts that was the case, but if it was then there is something in their everyday lives and businesses that led up to this that will be detectable. If this is not a hired “hit” but was an offender (s) known to them my guess is it is a newer acquaintance. Someone with this capacity will show “themselves” and send out a vibe I believe both Summer and Joey would pick up on quickly.
If Joey was working on a multimillion dollar deal for 500 inside fountain installations- I would be examining that RFP and it’s recipients. If it was a hit it would be incredibly expensive whether it was a personal v money issue or not.
B
I found this interesting.
http://immarama.faithweb.com/grave_site_preparation.htm
Is it possible the desert location had some personal meaning
apart from remoteness & privacy?
Rose
I agree about the Bobcat web site. They are using it to grow their business. As you probably found, every piece of equipment listed has a complete set of specifications. You also found that Bobcat makes other equipment besides the little compact tractors and backhoes.
Did you see the the rubber track that can be placed on the tires of the little tractors?
Having worked in engineering of heavy construction for many years and done extensive field inspection and supervision, I can tell you that there are many people who move from job to job that are quality people. However, it does attract undesirable people too. In fact, the undesirables probably comprise 25 percent of the workers.
It is a constant battle for field supervisors to identify and remove those undesirables from their crews.
To me there are two or three possibilities that we should consider as the cause for these murders:
1. A former temporary employee(s) who were/was discharged with cause.
2. A subcontractor who wanted more, such as a piece of the business.
3 A rival company that wanted to shorten the bidders list for the pending multi-million dollar contract.
What do low level aerial (2,000 ft. or less) photos reveal in the soil?
They will reveal the shapes of earth structures from many years previous to the photos by showing a difference in the density of the earth. The normal ground has a general compactness that shows in the photos. Ground that has been disturbed by digging will have a different appearance as will areas that are highly compacted as those that were compacted to support a foundation for a structure.
If anyone followed the link provided by whodunnit about the backfill of the graves one will see a photo of a guy with a square point shovel. This type shovel is used to clear the hole when digging and to backfill when finished. If that was the only shovel used for a dig, it better be in loose sand or one would be in for a long dig.
in terms of the notary business, maybe she had to do notorize something later at night and JM didn’t want her to go alone so he went with her and brought the kids in the car. it would explain why she brought her purse with her as i believe i read it hasn’t been found yet.
“If Joey was working on a multimillion dollar deal for 500 inside fountain installations- I would be examining that RFP and it’s recipients. If it was a hit it would be incredibly expensive whether it was a personal v money issue or not.
B”
Yes. Has it been publicized 1) in what countries, 2) for what business? (a hotel chain?), 3) had RFP been submitted & to whom? 4) why would a little business like this think he’d win the contract? and so on. any facts about this bidding venture?
Rose, I take back my comment about the 500 inside fountain deal. With a minimal amount of research I can tell you that had anyone done their homework in 2010- they would know that was not possible. The largest individually owned wash had 76 units.
B
Rose:
Great links! But I took the info in one of the links you provided (about the physicalities and logistics of getting bodies to a remote gravesite) in the opposite way you did! For me, it is still hard to imagine all four McStays walking to their grave sites, and even then, the idea that one person could corral four others ( even if two held kids in their arms) through darkness and over uneven terrain…. especially now when one of your links describes step by step the physical difficulty of getting to unaccessible areas, burying bodies etc. I note that Blink also l believes they were killed at the site, so I wait for more insight!
ATG:
I wish those photos could have yielded more infer for you.
I certainly agree that discerning the means of digging the graves could provide valuable leads.
——-
In general:
I don’t know if this has been posted here, but I found this article ( in two parts) very interesting . Sources and references are provided for all the info , found on website: ” Missing persons of America” It seems pretty legit to me, but this is the first time I have stumbled on it.If it is a crackpot site, please let me know!
Article includes some “follow the money” documents as well as identifying threats made to family. It does not name suspects, but knowing what we know now, pretty easy to figure out who the writer is talking about.
Here is link:
http://www.missingpersonsofamerica.com/2013/11/who-killed-joey-and-summer-mcstay.html
Hi back Tea- hey I never thought you were pointing a finger at any specific person/or worker-
I lent my thoughts that it might not be logically a worker IMO because they would know of the machines and security-
I do however think its possible someone even a worker thought of both the quarry and the scavenger lot as a possible disposal sight- perhaps they only could get access to a bobcat…IDK
What is strange again is the fact that in all areas of desert they choose this area… why besides being 100 miles in the opposite direction of the abandoned car…still there were lots of possible areas for desert disposal – yet they choose this one which seems to be just off the road,off the highway… a m-biking area- although the exact area is somewhat hidden (obviously enough so to go undetected) but still is near such businesses as well as a few houses and again near a shooting range which would not necessarily raise any red flags to gunshots- all of which seems to have aided in the masking of the digging bobcats etc (machinery) in the area…
across the highway on the other side there seems to be a hill of sorts that could have offered someone a lokkout – I wonder if this was part of the reasons why this area was chosen…
It seems that for someone to randomly choose this location would be very risky- yet they went undetected- and dug 2 graves(or 3 still unsure) and by tracks sees they could have had access to 2 BCats
Well if you were a concerned passerby or someone that lived worked in the area would you be more or less concerned of nefarious digging if there was just someone hand digging or digging with 1 or 2 bobcats-
for me- 2 would imply a business plan of sorts authorized for some reason- while 1 B-cat or one human digger in the desert or on the edge of… would make me more suspicious-at first glance…
IOW I was Just thinking out loud
AJMO Peace
Re sunshine says:
November 27, 2013 at 8:33 am
im also interested in summer’s notary business and whether or not maybe the left the house and were lured out by someone who claimed to need something notorized?
Good question but why would everyone need to go, and take the kids out just before bed?
B
and
Rose says:
November 25, 2013 at 11:59 pm
@Blink. Can you verify Joseph was at home & the family left together?
No. Nobody can.
B
—-
Blink I know little to nothing about the Mcstays last day- I know you will cover this in part 2 along with many of our other questions thanks-
IRT sunshines post and Roses-
can it be verified both Summer and the boys were home on that day and remained there until 7:48 pm?
There are several conflicting elements that seem to point to them not being there in the evening but instead in the morning/ early afternoon…
AJMO Peace
HAPPY THANKSGIVING TO BLINK AND ALL HER FAMILY INCLUDING BLINKSTERS WHO POST TO THIS SITE.
May all of you have a wonderful day full of love for family and friends.
Happy Thanksgiving VP- Much love to you and yours as well.
My best wishes for a blessed Thanksgiving for those who we discuss who may struggle through it, and for those in a position to celebrate it.
B
Would it be normal for the graves to have been filled in by these prisoners. That just seems so bizarre to me. It seems investigators would have spent many days at the graves, determined to collect any/every piece of evidence possible. How could they do a detailed investigation and not see those tracks. Has it been determined how the family was killed. Also, I was thinking of the extension cord. I wondered if LE looked around the house to see if a lamp or small appliance couldn’t reach an outlet and was possibly missing the cord. Wishing everyone a Happy Thanksgiving.
I have kept up with this story along with everyone. From what I have gathered, I believe web designer DK is the most likely suspect (more so than McFadden, and Chase, his business partner) There are many scenarios that could have happened and the story is chalk full of possibilities but there is one glaring fact that stands out above all others… DK transferring funds (almost daily) from Joe’s account before ANYONE knew the family had vanished…. that speaks volumes.
Editors Note- there is no evidence that I am aware of re your comment about McFadden so I have edited it out. I missed it the first time and Mr. McFadden was right to take offense. Facts only please.
B
There is a trail of talk about Dan screwing with people (especially girls) early 2011. They all call him dangerous, sociapathic and down right scary… check this out!!!!
http://www.cheaterville.com/?page=cheaters&id=10506
Viki says:
November 28, 2013 at 12:47 am
I have kept up with this story along with everyone. From what I have gathered, I believe web designer DK is the most likely suspect (more so than McFadden,and Chase, his business partner) There are many scenarios that could have happened and the story is chalk full of possibilities but there is one glaring fact that stands out above all others… DK transferring funds (almost daily) from Joe’s account before ANYONE knew the family had vanished…. that speaks volumes.
~~~~~~~~~~~~~~
Hi Viki, this is interesting information. Do you know which accounts were affected and the amounts that were transferred? Were these funds transferred to business or personal accounts? One would assume Mr. McStay’s and the business partner’s signature would be on file in order for the business partner to transfer money. So, I am not sure this is suspicious behavior or a partner just trying to get some work done.
My heart breaks for Joey’s and Summer’s family and friends. I cannot fathom someone hurting these two beautiful little boys! How does one do that?!! I pray that LE finds the responsible person(s) soon.
Wishing Blink and all who post here a safe and happy Thanksgiving!
Thank you Dearest Grace and mine to you and yours
I alluded to it in the piece, and as there are some things going on in this case that will delay #2, I will address it briefly here.
DK is a shady dude, there is no question about that. How he is connected, if he is connected to the murders remains to be seen, but I can say that he did appear to have knowledge that the McStay’s were at least unreachable, and he did pay his paypal account from Joey’s business account. Now, did he do that previously- was there some sort of business arrangement that necessitated that- I don’t know. However, if I was stealing from someone I doubt I would call around expressing my concerns and call the police for a wellness check. I would think I would want to keep that I knew that quiet for fear the account would be frozen, which it should have been but was not until March.
He did illegally sell the business and he did take in funds on behalf of the business and put it in a paypal belonging to a relative at some point, but as I said, whether or not that was a part of this, dunno.
B
Child abusing step dad huh? I have news for all you speculators and gossips. I am Michael J McFadden. I have never abused a child in my life. Half the charges listed to be mine on this blog are not me. I am not a criminal nor did I murder the McStay family. You people should all be ashamed of yourselves pointing fingers at innocent people. My family is trying to get through this horrible tragedy as privately as possible but I am growing tired of all the name calling and mud slinging toward me. I will not respond to this so don’t ask me any questions. Just stop with me and my name. I liked Joey and he was my friend so knock it off!
Mr. McFadden- if you read the commentary you would know that I have been very sensitive to any comments making opinion-based allegations against you or anyone else. The info in the piece comes directly from a member of the McStay family and references information sourced from Rick Baker’s book.
As you know, the charges that are listed are taken directly from the Orange COunty criminal docket with no interpretation from me. So I am not sure what you mean by “half of those charges on this blog are not me”, but if you are saying that the public record is incorrect, if you could point me to a source where I could verify that, I can assure you I will gladly make the correction, notify the court and publish a retraction to any incorrectly sourced data that appears on the OC Index and OC case file without hesitation. I am all about factual accuracy so I appreciate you taking the time to clear up any confusion. I would also note I did try to reach you for comment prior to publication.
Lastly,
If you are saying that half of those charges are not yours because they were dismissed, that is different. It does not change what you were charged with originally and the record depicts that adequately as does my content.
B
Grace
My number two reason posted above is not specific to a particular person, but it alludes to the person doing the web site. I picked this up from Blink’s piece.
This guy did not own any part of the fountain construction business. He was just a subcontractor that was hired to build and maintain the web site. Did he begin to transfer funds without authority prior to the murders and Joey was becoming suspicious? It is possible. However, since the bank accounts were not locked and investigated, we have no evidence of that activity.
Without further proof, I would at this point consider him suspect No. 1. This also tells me that LE became fixed on the trip to Mexico and ceased to consider any other possibility. In a missing persons case how can LE not take the steps necessary to lock the bank accounts and look into transactions prior to the disappearance. A LE agency that has people that need additional training and are too fixed in their methods could.
The new lead agency is San Bernardino County with help from the FBI.
I am not surprised that a location such as this one was chosen for the burial area. San Bernardino County is the largest county in the country covering slightly over 20,000 sq.miles. That is two and 1/3 times larger that the State of New Jersey. Most of the population is concentrated in the Southern portion. Victorville is the Northernmost area of the population concentration. Forty years ago it was about 15,000 people. The 2010 census lists it at approx. 110,000. Old U.S highway 66 went right through Victorville as it did for all towns it connected. Today I-15 is West of town.
Graceinthehills writes:
Hi Viki, this is interesting information. Do you know which accounts were affected and the amounts that were transferred? Were these funds transferred to business or personal accounts? One would assume Mr. McStay’s and the business partner’s signature would be on file in order for the business partner to transfer money. So, I am not sure this is suspicious behavior or a partner just trying to get some work done.
Hi Graceinthehills-
this link has the accounting from Patrick McStay about amount of $$ withdrawals from Joseph’s account.
http://www.missingpersonsofamerica.com/2013/11/who-killed-joey-and-summer-mcstay.html
I wanted to post, with deep respect to the McStay family, and this thread, a Happy Thanksgiving to ALL BOC friendies (especially, big hugs to Mom3.0, ATG, friendLY, Grace, Eloise, Rose, sunshine….and whose names have slipped my mind, but NOT my heart). Y’all are remarkable and gracious with your love for the human spirit.
Peace, Grace and Love to all of you and your loved ones.
“Nothing will do more to restore contentment and the joy of our salvation than a true spirit of thankfulness.” — Billy Graham
Hi all,
There’s some information on DK at the following link:
http://jodiariasguilty.com/dan-vincent-kavanaugh-likely-behind-mcstay-murders/
I’m not sure I believe this guy is guilty although the money issue is AN ISSUE, but he doesn’t strike me as capable of pulling this off or of having the funds required to have someone pull this off for him. I wish I knew more about his relationship with the both Summer and Joey. Some of the last pings to Summer’s phone came from him which implies she had a hand in on the business or DK was somehow a friend to the entire family. The latter would assume the children would recognize him. Idk something tells me he’s not the one, but what do I know?
Eat up and nap well……
I am so glad to see Blink covering this sad situation. After reading all the posts I tend to believe it was not a competitor eliminating competition. If that were so they would only need to kill Joe. It seems to be very personal, since they killed the mom and the kids. IMO it’s someone who had a lot to lose, someone who uses violence to solve problems. Someone who possibly may be looking at jail time once a government agency did their investigation. I’m tending to feel the DK may have been upset with Joe. The killer may have said something to DK for him to believe the family was going to go missing. Or maybe he knew more. There is no reason for DK to take money from the account when no one knew they were missing. He had to have knowledge. Possibly the 3rd grave was a reminder to him that it will be for him if he says anything. Maybe the killer forced him to take the money. Do we know how long the money stayed in the accounts? AJMO
By the way, there is an interview with Mr. Baker at the following link…
Kjazz-
With much respect I am not posting that link. Someone sent me the link when it posted and I listened to the interview. To sum it up outside of an hour or so of time one will never get back:
1. Baker makes statements that conflict with what he presented as fact in his book, which I have read.
2. Griffin maligns nearly every member of Joey’s extended family and based on those same disputed facts calls Joey’s brother a horrible human being for not retrieving the dogs after alleging he was actually there taking Joey’s laptop on Feb 6. Calls Summer a toxic human being based on a few emails she has never actually read, which while contained in his book are redacted and without context or thread flow.
3. Baker references the CPS inquiry with the wrong dates. He states his sources are telling him LE is spending all their time on step-dad right now(para)
4. He feels he owes those that purchased or read his book a refund, and is yanking it off the shelves similarly, because he was completely wrong about the fate of the McStay’s and accusing Summer of possible murder.
A family of 4 is assassinated and dumped in the desert and this behavior continues? No, I won’t be promoting that here, ever.
B
You need to go back and check your sources again. I have never been charged with a crime against a child. I never committed a crime against a child. Half of the others listed were not mine as I said. I don’t need to provide you with anything though. I owe you nothing. Maybe you should consider your sources when it comes to Patrick McStay and Rick Baker. Patrick wasn’t even Joey’s biological father. He sued Joey for money at one point. He has a record too FYI. His last arrest was for forging checks I believe. I won’t even respond about Rick Baker. He isn’t worth my time. I think you are a sad lonely bunch sitting around gossiping about people who have no involvement in the very crime you gossip about. Grow up. Get something going in your own lives. Leave us alone.
Mr. McFadden,
The CPS inquiry was verified to me independently, but it was contained in Baker’s book as well so I am obligated to provide that source as a journalist.
I understand that you are not familiar with my body of work, and I also respect it may be of no interest to you personally- however, I am a trained criminal investigative analyst with a strong track record in cases I have worked on which I may or may not have written on.
My work and that of my team, combined in some instances with leads gleaned from this very site has recovered deceased missing persons and contributed to the successful prosecutions of their murderers, working with LE and prosecutors alike.
The contributors to this site are multi-disciplined professionals and are either victim advocates, true crime critical thinking types or both. I mention this by way of background and hopefully this clears up your uneducated impression we are a bunch of yentas sitting around in bathrobes.
You posted here that you disagreed in part, with the charges I posted and I very respectfully asked you to clarify what information was inaccurate with an offer to follow up with any appropriate retraction. Your response is “you don’t owe me anything”. That is true, but I remind you that you were provided the opportunity.
The point is the Orange County Superior Court information can be referenced here:
https://ocapps.occourts.org/CourtIndex/case_details_criminal.jsp?cn=98WF1745&pi=8932306#ocDetailsA
Your Criminal Case Detail – 98WF1745, below:
Case Detail – 98WF1745
Case Summary
Case No. Case Category Case Level/Type Plaintiff Person/Business Name Party Role
98WF1745 Criminal/Traffic Felony People Michael James Mcfadden
Filing Date Case Status Disposition Date Destruction Date File Location
07/20/1998 Closed 07/17/2008 RM-Imaged File
Case Detail
Charge Charge Date Charge Dispo Date Charge Dispo Type
459/460(a) PC 07/16/1998 02/25/2000 Dismissed
422 PC 07/16/1998 02/25/2000 Dismissed
273.5(a) PC 07/16/1998 02/25/2000 Dismissed
12022.7(d) PC 07/16/1998 02/25/2000 Dismissed
422 PC 07/16/1999 02/25/2000 Dismissed
240 PC 07/16/1999 02/25/2000 Dismissed
245(a)(1) PC 07/16/1998 01/18/2000 Pled Guilty
12022.7(d) PC 07/16/1998 02/25/2000 Dismissed
422 PC 07/16/1999 01/18/2000 Pled Guilty
664-187 PC 07/16/1998 02/25/2000 Dismissed
Again I say respectfully, you cannot own half a criminal docket Mr. McFadden. I realize that your version of the matter to members of the McStay family has included the verbiage “inflated record”, but as you can see, it is represented exactly.
With regard to your assertion that you have never abused a child nor have you ever been charged with same, I agree with you, although I assume this is where the poster who made the comment made the presumption from your originally filed charges which actually contains 2 counts of this statute, which were ultimately dismissed via a plea as noted above. I would offer that technically speaking, unless you are certifying there is an error on the OC docket, inflicting great bodily injury on a child under 5 while committing a felony constitutes child abuse.
(d) Any person who personally inflicts great bodily injury on a
child under the age of five years in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for four, five, or six
years.
I note your case disposition is 2008. Ten years after the original charges and 8 following your plea. I have ordered the case file, but in my experience is that is usually due to a lengthy parole/probation term with an initial accelerated rehabilitative effort.
I do not consider an unsolved quadruple homicide, previously a cold case, an area for gossip, Sir. I assure you I can speak for anyone reading or posting here that is a shared sentiment.
I find it particularly distasteful that you feel compelled to point out Mr. McStay’s criminal record, which had nothing to do with the instant matter, and I would advise YOU to check your facts about your allegations that Patrick sued Joey for money.
I am very, very, familiar with the civil suits to which you refer- Zen Again Productions v Naturally DP Fountains and if you took the time to review the docket you would know that statement is not accurate.
As a professional observation Mr. McFadden- and I admit it is based solely on our exchanges here- I find your comments devoid of compassion and sympathy for the real issue here, and focused on what looks like trying to put the cork back on the bottle of your past before it all spills out onto folks who were unaware- or were given an antiseptic version. You absolutely know there was plenty more to say that would have been inflammatory to the situation.
It may have nothing to do with the ERASURE of the McStay family, but the fact remains that as a subject of a CPS inquiry, raising Joey’s eldest in your home, with a significant criminal record to include violence- you are investigatively relevant to this case whether you had anything to do with it or not.
As Jonah’s stepfather, I have to say it was offensive to me to read what you posted about Joey not being Patrick’s biological son. Apparently that is an issue for you- everyone else has been well aware of that for years and regardless of whether or not he is his “Dad” or not- that man has waged a virtual war to find his son and family AND to insist proper investigation was done to assist that effort to include an internal affairs report outlining his concern that you were properly investigated.
He did this, and made recent statements to the press regardless of his “record” which was no secret to anyone. He did not care about scrutiny of himself if he felt he could offer progress in this case.
Can you say the same, as the stepfather of Joey’s beloved son?
Lastly- I never met Joey, but I don’t think after everything that has transpired to include his executed family being unearthed a few weeks ago that your comments about his Father or anyone else in the family would constitute your assertion that you and he were friends.
B
Just testing. Posts disappear after submit. Not showing up in mod, even.
I suck.
ROTFL. Nope you were posted and you do not suck.
Hugs, FriendLY
B
just wondering if there is a problem or if the link I posted was problematic- I posted info at 1:19 on NOv 28, and although postings subsequent to that have been cleared, it seems mine is still “awaiting moderation” Did I do something wrong?
@Mr McFadden. Neither a speculator nor gossip here, I thank you for offering your POV.
Having not commented on any “principals” myself, my own opinion is Mr Baker and his
thoughts are to be avoided. Having real about the denizens of Fallbrook in the numerous drug & weapons
arrests of 2012 & again in 2013, “cruel summer” if I were to
speculate it would be associated with that criminal ilk,
perhaps as a case of mistaken identify. As a former CPS worker, if rumirs
of an inquiry are true, that is a great burden for a scrutinized family, often a “guilty
until provdn innocent” burden. Additionally, if a complaint was
unfounded, that is just what it was–worthless, meritless, because cases can be opened very
easily, to be disproven later. In the meantime, please chill and consider this your
best fact-based forum for a public voice. It’suniqueness is imo it stands alone for ethical
& respectful moderation.
I see the problem, Blink!
See ” Viki says:
November 28, 2013 at 12:47 am
“… DK is the most likely suspect (more so than McFadden, …”
Like me perhaps you focused on the thoughts about DK and glossed over the adjectival description of Mr McFadden without correcting the comment.
In responding to MJM, you thought he was referring to your piece.
Imo he was responding to Viki’s adjectival description of himself.
As these investigations are confidential, no one, including the McStays, wouldknow if an investigation was undertaken, nor its outcome. But I guarantee if a prelim complaint was founded enough to have an ongoing investigator, that would be known with this crime, as schools and doctors would have been checked with, & gossip upon the disappearance.
So the comment is both inaccurate and appreciably offensive.
Rose you are 100% correct and I appreciate the diligence. I edited your comment and the original comment to exclude. I was able to confirm there was a CPS investigation as I wrote in the piece, but even if I knew what the allegation was, as it is my understanding that he was cleared, I would not offer that publicly. From an investigative perspective it is relevant to victimology profiles of all 4, however.
B
Hmmm is it really him?
Yes Ma’am. In the future you can assume if it is posted in someone’s name as such- it would have to be verified to appear.
B
It is interesting that the McStays were found buried 12 miles from the Victorville Penitentiary. They are on Quarry Rd and the prison is on Air Base Rd ? Nothing much else out there, makes you wonder. Criminals aren’t always very smart about crime, they usually go for quick and familiar. That is why eventually their crime sites are discovered. This site wasn’t very bright. Near the highway, shallow, easily exposed, we aren’t dealing with a rocket scientist here, it is just a matter of time now, tick tock.
I agree there is no criminal sophistication wrt to the gravesite and ultimately the relationship to the offender will end up being known pretty quickly.
Still, someone (s) was smart enough to convince LE this family left town on their own and the only thing that changed that was the unearthing of remains.
B
Yes, I agree. B, some criminal saavy. Will you ever cover the Rebecca Zahau death in San Diego or do you believe it was suicide? Thanks for the forum, appreciate it all your time and effort, happy holidays.
I have no plans to, and sadly yes, I do believe it was a suicide.
B
Still, someone (s) was smart enough to convince LE this family left town on their own and the only thing that changed that was the unearthing of remains.
B
******
When I look at that statement it brings me back to something I was thinking. When the “crossing into Mexico” video was shown to people that knew the family it seems they thought it could be Mom and the 2 boys yet stated it was not Joe. I wonder if it may have been Mom and the 2 boys with the abductor. If one of the adults was tied when shot it is possible that all 4 were not together to begin with. I can not understand why a Mom and Dad would drag the 2 children out suddenly at night. It would seem more likely that one would stay home with the children and the other adult could tend to what probably was a lure, however if one of the parents was in trouble and away from the home that would leave the other parent no option but to take the kids. I think it is possible Summer, Gianni and Chubba were returned to CA after they crossed into Mexico.
Blink
In your article you write:
” 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”
———
Just to see if that was true, I spent the small amount of money needed to download his book onto my kindle.
Guess what. I WAS charged, and the book WAS downloaded. So Mr. Baker may be misrepresenting himself. I point out that this was KINDLE edition- but can 100 percent guarantee you that I purchased it, and certainly didn’t get any letter offering a refund.
This purchase was made two days ago, if there was a way to share the receipt without losing anonymity I would.
No need- and I will add an editors note to the piece as you are not the first person to tell me this.
B
Do you have publishable victimology profiles?
in Part 2?
No Rose. I don’t feel I have enough verifiable intel or access to those that might at the moment so I could never publish anything I could feel comfortable publishing as comparable work product.
I will say that with the influx (not MacCarger)of renovative folks with access to the home, combined with high craigslist and real estate activity they start out at moderate risk on my grid already.
B
Interesting Mr McFadden, so what half is incorrect? Did you threaten them? Did you break up Joey’s first marriage? I’m a close friend of Patrick Mcstay and we are wondering why you didn’t take a lie detector test?
PM friend- With much respect, I am a pretty conservative moderator and I require that anyone claiming to be family or affiliated with family be verified by me.
In no way do you need to identify yourself publicly and your information is confidential, but I do require verification of anyone making that claim as a courtesy and protection to readers. Can I reach you at the email address you provided?
In the event you need to send me something privately- you can do so by marking the first line of your comment PRIVATE.
Only you and I will see it until I delete it. I know you appreciate my need to maintain integrity here.
B
Also, can you confirm you were in prison and that you pled out to lessen the charges? Is that what you mean about half the charges not correct, because you made a deal to dismiss most of the charges? And what about the charge of grievous harm to an under 5? Enquiring minds want to know
Please see my earlier response to you PM.
Respectfully submitted-
B
This crime is so evil I cannot get my head around it.
Blink, if I may ask:
Are there ‘whispers’ fresh interviews have begun with those interviewed by the original investigators?
What is your gut feeling Blink, on the likelihood of this crime being solved?
TY and do take care.
Yes.
However, it is my experience because the technology has expanded so much since 2010, that SBCSO will utilize a series of Federal assets before scheduling some new interviews. They will take their time and focus on what is referred to in FBI training as the Targeted Subject Interview (TSI). For anything already known, this is in a sense working backwards to verify. I do NOT believe new intel will come from previously gathered data.
It will come from the investigations technological forensic abilities and the info gained from the crime scene and autopsy protocols.
That is as specific as I am willing to go at this stage, but YES- I do believe this case will solve.
B
Blink…there is so much I could say but I trust your judgment. Like I said I always love reading your investigations. You are very factual and unbiased. All I can say is something doesn’t smell right in Denmark. Who would move money from a business account to their personal account and one of their relatives? That has always raised red flags. I pray that LE gets those responsible before they hurt another family. This is a very personal homicide, who would kill innocent children?
AJMO
kjazzyjazz
I agree Kjazz. It warrants serious scrutiny.
One thing I would like to point out some may not realize is that now that this is a homicide investigation- the capabilities for needed assets and resources become immediately available in this case- not necessarily so previously.
Not to indicate SDSD was restricted per se- they were restricted by their theory, imo.
B
Understood and TY
B
Thank you kindly and I had already responded Larry
B
Thank you for a site that is watched closely. We all here just want justice for this family. Just wanted to say great job B.
TY Lynn
B