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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1,681 Comments

  1. Justice4Mcstay says:

    Mr McFadden what do you say in response to allegations that you threatened Joey by saying you would kick his ass and muzzle Summer?

  2. Tea says:

    wrt @Milisa December 4, 2013 at 10:13 pm – A human skull was found early on Nov 5th in Phelan by a woman out walking her dog. Per SB County Coroner case 701308091: “On Tuesday, November 5, 2013, a human skull was found lying on the ground in the open desert in Phelan by a woman searching for her lost dog. Examinations will be conducted in order to attempt to determine the cause and manner of death, and to establish the decedent’s identity. Anyone with information is urged to contact the San Bernardino County Sheriff Department Homicide Detail, Det. Mike Flores (909-387-3589). Refer to Sheriff case #071304339. Inquiries to the Coroner Division should reference case #701308091. [11062013 1628 SY]” Site location might have been at Sheep Creek Road, and South, Victor St.

  3. Tea says:

    Here is a link to the local ABC affiliate’s report re: the found skull http://abclocal.go.com/kabc/story?id=9314792

    PHELAN, Calif. (KABC) — San Bernardino County sheriff’s investigators responded to a report of a human skull found in Phelan Tuesday morning.

    A female called authorities at 7:21 a.m. to report she found a skull in the desert area near South Street and Sheep Creek Road in Phelan.

    No other bones were immediately found.

    Sheriff’s deputies closed off the area during the investigation.
    The site was located about 18 miles west of Victorville.
    Anyone with information regarding this investigation is urged to contact Sheriff’s Homicide Detail at (909) 387-3589. Callers wishing to remain anonymous are urged to call the We-tip Hotline at (800) 78-CRIME.

    Not in a position to look this up at the moment but I want to say that there was an African American Male that went missing near Baker who was the partner of a celebrity stylist- may be the connection.
    B

  4. GraceintheHills says:

    trey says:
    December 6, 2013 at 1:21 am

    Trey says: Also, I don’t doubt your info but surprised to learn that the FBI didn’t become a part of this case until April of this year.
    ~~~~~~~~~~~~~~~~~
    Trey, the FBI have been involved in this case since the outset in 2010, working alongside the San Diego County Sheriff’s Dept. In April 2013, the San Diego County Sheriff’s Dept. transferred the case to the FBI because their investigation led them to believe the family was out of the country, and minor children were involved. When the remains were found in November in San Bernardino County, CA the San Bernardino County Sheriff’s Dept. became involved, and is actively working the case with the FBI.

    http://www.cnn.com/2013/04/10/justice/california-missing-family/

  5. Tea says:

    Thank you B, No need to check on it. Was just providing this for Milisa who posted about it on December 4, 2013 at 10:13 pm

  6. Lauren says:

    Sorry if this has already been answered, but was Joey married to his firstborn’s mother?
    yes.
    B

  7. Tea says:

    Case Detail – 98D007876 Case Summary Joseph McStay and Heather Martin McStay Aug 17 1998
    Case Type Filing Date
    DISSOLUTION WITH CHILD 08/17/1998
    Case Name: MCSTAY V MCSTAY
    Disposition Type Disposition Date Destruction Date File Location
    FAMILY LAW/JUDG UNDER FC 2336 06/21/2000 LJC
    Participant
    Type Name
    INTERVENOR CO OF ORANGE
    PETITIONER HEATHER MCSTAY
    RESPONDENT JOEY MCSTAY

  8. Ragdoll says:

    B,

    Is it ok to post this (referring to Tea says:
    December 6, 2013 at 5:39 pm)

    http://www.dailymail.co.uk/news/article-2510828/Ryan-Singletons-devastated-family-seeks-answers-2-months-married-gay-model-dead.html

    Thank you dear FriendLY- then I would say it was not Ryan, according to that.
    B

  9. Trixie Belden says:

    Lauren – thank you! We thought of Trixie Belden as the working class Nancy Drew. No hopping on an airplane to solve a mystery across the country or hopping into a roadster to zip a few states away. Trixie’s life was much more relatable to a Midwest suburban tween!

  10. whodunnit says:

    Skull was found near Victorville, so soon after the McStay remains were sighted.
    Is there anything unusual in the recent weather or animal population that would have made these things appear NOW as opposed to sooner? Is the area being developed in a way that it is generally less remote than it four years ago with more human traffic? I am hoping it is because people have their eyes peeled.

    No and no. Gonna be honest, I have my doubts this was a random discovery as the name of the reporter is being withheld.
    B

  11. Chris H says:

    I, for one, don’t think Mr McFadden is guilty of this crime…JMO
    despite the record
    I’m looking at the person who transferred funds within two days of
    the McStays missing.

    Nobody here is accusing Mr. McFadden, but I think it is a fair statement that he did not win over favor with his behavior here.

    Kavanaugh is one shady dude and I agree he had to have some level of knowledge at a minimum.

    B

  12. trey says:

    Thanks Gracie. Blink said differently or I misunderstood. It was also my understanding the F.B.I was involved not immediately but within a couple of months of the family being reported missing. I find it surprising that if the F.B.I has been involved in this case for so long that there could have been so many egregious mistakes made by local LE. I would think with F.B.I resources and manpower – that the investigation would have gone very differently.

    trey, in an investigation where LE is engaging the FBI to assist, they still lead the investigation and you can assume the FBI has very little proactive involvement if any- I know it seems odd, but that is protocol.

    In fact, there are only 2 modes for the FBI in a case they are not the lead agency of- either assisting at the request of the lead or upon request they will review the case file to date and provide investigational feedback- sort of an audit
    B

  13. A Texas Grandfather says:

    Whodunnit

    Your post regarding the reason or motive for the death of the boys. This is in my opinion a case where the perp(s) were so angry and revengeful of one of the adults, that they decided to take out the entire family.

    We now have some information on who Summer was regarding the number of names she was known by. We also have information that they somehow owned property in Balise and were in the process of buying and upgrading a single family dwelling. Then, we have the report of the neighbor at their previous place of residence that the owner/manager did not have a good relationship with them principally because they could not pay the rent on time. That may or may not be true. If not true, then this neighbors story needs to be thoroughly checked.

    There is a major money issue in this case. Where did the money to buy the land or land and building in Balise and the down payment and mortgage approval originate if they barely were able to pay monthly rent at their previous residence?

    They apparently moved into an area that had a lot of drug activity either knowing of it or just accidentally making the choice to buy.

    What type of relationship either business or personal did either of the adults have with the two painters? Why have an outside craftsman come in to paint? Painting walls and woodwork is simple with today’s paint. The only difficult part would be staining and finishing cabinets in the kitchen and perhaps the den area.

    If Joey was capable of designing and building fountains for buildings, painting should be no problem. Most people who do any type of construction are capable of doing pretty good work in areas outside of the one they make their living with.

    Hopefully the SBCSO and the FBI will soon release some information that is helpful in solving the case. Almost four years of going in the wrong direction may take a long time to overcome.

  14. trey says:

    Whodunnit,

    I believe the perps had always intended to murder the children along with the parents. Reasons are two-fold (imho):

    1. The children could id the perp(s)
    2. To instill the greatest form of torture and fear for any parent or person in the care of children.

    The person or people who did this are a combination of all-consuming self-love and self-hate; charm and immaturity; jealousy and envy. And of course evil.

    They are empty. The most dark barren hopeless abysmal emptiness normal people can *never* imagine.

    The “reason” why someone, adult or adolescent, murders a child/ren I don’t believe can ever be fully understood by healthy-minded loving people. However, I think it has something to do with their own sad decrepit child within the perp(s).

    This “person” not only hates children but is envious of children; jealous of their happiness, unconditional loving nature and purity/innocense. This “person” is incapable of love on any level other than a sick unhealthy form of self-love.

    We’re looking for someone who mimics human very well. Their family knows, or at least 1 family member has knowledge of their involvement in these murders. The perp’s family is full of cowardly pseudo-humans. If I was LE I would look into the family dynamics of top persons of interest. They’ll find some very sick stuff (I believe). Then put pressure on the family.

  15. trey says:

    Blink wrote: I like your well considered post. I just felt obligated to add that homicidal motivations in general, and in this magnitude, can be more rooted in the giving to the offender by the offender- as opposed to the taking from the victims. B

    Thanks Blink. I’m not sure I understand. Do you mean the offender giving punishment to the victim is the motivating reason for the crime?
    ——————————————————–
    I didn’t know you worked on a case which was connected to Jessica Lunsford’s murder. I can’t imagine how you and crime investigators cleanse your minds and retinas of the horrendous acts you must investigate. It’s important noble work and I thank you and others for achieving justice for the victims and bringing some sense of understanding to these terrible acts.

  16. Rose says:

    @Blink. The “…for Dummies” titles have helped many,
    & who better to write one than an expert?
    except mainly your investigations are not websleuthing,
    but firsthand, so perhaps you don’t qualify for that lucrative gig.
    My advice is to ignore off topic posters who add not facts or insight, productively.
    you’ve given morethan your usual latitude to personal attacks.

    Thank you much Rose. Your right. I did, with purpose :)
    B

  17. Rose says:

    http://www.city-data.com/summit-county/B/Brown-Street-29.html
    Patrick McStay
    CBP Family Limited Partnership.

    does this relate to Joseph McStay & Summer Martelli’s CBP Investments, with a Michael ? in Tempe?

    Yes.
    B

  18. whodunnit says:

    wow, It is so easy to get from Victorville to Sheep Road it is almost ludicrous.
    Look at this map quest link:
    http://www.mapquest.com/#fcc89a6567e152abdb083ec0-
    (if it doesn’t come up easily, just enter in the search for Sheep Road, Phelan, Califofnia.)

    Many ” highways” in California are not the sprawling urban type freeways you find in major cities. They are just big long 4 lane roads, intersected by local roads you can access with having to go on any fancy exits, you just turn. Is the 1-15 is like that around Victorville?
    Because if it is, to give the directions FROM Victorville to Sheep Road,, you would only have to say
    “go down the 1-15 and take a right on Phelan road, drive straight ahead for a little bit. Sheep road is right there”

    Can forensics ever figure out if there is ANY connection between this newly discovered skull and the McStays?
    _______________

    ATG-
    you have posited the belief that following the money will yield yet untold truths .

    Under what terms did the MCstays purchase their properties? Is their any info about the title and mortgages?

    Belize-

    Here is a link to buying in Belize
    http://www.belizefirst.com/buy.html
    Its not a short read. But a few things jump out. First, you need government approval, which means the info about exactly when and how the McStays purchased the land could be tracked down.
    Two, this site recommends paying in cash.
    And in general, it looks like its really easy to do this all with a wire transfer, though you have to be there for closing- they don’t have liscences for real estate brokers down there, you don’t HAVE to have a lawyer to close the deal– and there are super cheap deals.

    ——
    but what is the point of buying property THERE, if you are not spending any time there?
    WHY did the Mcstays have property there in the first place?!?

    Belize is an offshore nation that does not have a tax treaty with the USA or Canada. http://www.arebb.com/belize-real-estate

    ——————

    I just can’t get my head around the fact that these graves were so shallow, so close to the road and yet remained secure for nearly four years.
    The authorities stated that they believed the first scattered bones that were found ( those spotted by the off road biker) had been dug up by an animal. I just can’r fully grasp the concept that IF an animal could get at the McStays bones, that this didn’t happened until four years after the bodies were buried.
    ——

    I posted in the beginning it is not consistent with animal predation and I saw no evidence of erosion to the degree it would not disturb the tracks. As I said before, I am suspect of the moto witness account.
    B

  19. GraceintheHills says:

    trey says:
    December 6, 2013 at 10:19 pm

    Thanks Gracie. Blink said differently or I misunderstood. It was also my understanding the F.B.I was involved not immediately but within a couple of months of the family being reported missing. I find it surprising that if the F.B.I has been involved in this case for so long that there could have been so many egregious mistakes made by local LE. I would think with F.B.I resources and manpower – that the investigation would have gone very differently.
    ~~~~~~~~~~~
    Trey, it is likely the FBI was called early on because minor children were missing. Look up the “Lindbergh law” and it will explain why the FBI almost always is involved when children go missing.

  20. GraceintheHills says:

    GraceintheHills says:
    Your comment is awaiting moderation.

    December 7, 2013 at 10:22 am

    trey says:
    December 6, 2013 at 10:19 pm

    Thanks Gracie. Blink said differently or I misunderstood. It was also my understanding the F.B.I was involved not immediately but within a couple of months of the family being reported missing. I find it surprising that if the F.B.I has been involved in this case for so long that there could have been so many egregious mistakes made by local LE. I would think with F.B.I resources and manpower – that the investigation would have gone very differently.
    ~~~~~~~~~~~
    Trey, with great respect, I don’t how we can say egregious mistakes were made when we don’t know what evidence was collected by the involved agencies. With or without bodies, it is often difficult for any agency to know exactly which investigatory trail to follow. No investigation or investigating agency is perfect, including the FBI, regardless of their resources. There have been FBI investigations that were flawed and mismanaged, one to the point that an innocent individual was arrested and sent to a foreign country to stand trial. The FBI in that case was convinced the individual committed the crime, even though the physical evidence at the scene and eye witness statements pointed to a different suspect.

  21. GraceintheHills says:

    whodunnit says:
    December 7, 2013 at 2:13 am
    ~~~~~~~~~~
    I just can’t get my head around the fact that these graves were so shallow, so close to the road and yet remained secure for nearly four years. The authorities stated that they believed the first scattered bones that were found (those spotted by the off road biker) had been dug up by an animal. I just can’t fully grasp the concept that IF an animal could get at the McStays bones, that this didn’t happened until four years after the bodies were buried.
    ~~~~~~~~~~
    Good morning whodunnit. If you enter the coordinates of the two graves into Google Earth (GE) you will see the graves were quite a bit further off I-15 and Quarry Rd (the closest two paved/semi-paved roads)than the media reported. Using GE it appears the graves were ~ 475 yards off I-15 and ~ 225 yards off Quarry road as the crow flies. There are many off-road paths in that area, but also berms and brush that obscure the view depending on one’s vantage points so I don’t find it surprising that the graves weren’t found earlier. I don’t recall LE saying the graves were secure until recently. Iirc, LE indicated that at least one of the graves was disturbed by animal activity in the past and this resulted in some of the remains being found scattered outside the grave(s). This description, imo, is not inconsistent with other remains/shallow gravesites that have been found in desert areas of California in the past. I don’t find the cyclist’s account suspicious, as I don’t know exactly what he saw, or where he saw it. Apparently, he didn’t know if the bones belonged to animals or humans so he decided to contact LE. Thank goodness he did so.

  22. Milisa says:

    Thanks, Tea, maybe they will do a 3D computer mapping of the skull. I saw the one of Richard III, they did in England after finding a 500 year old skull and they did a facial reconstruction computer generated and they determined it was him, at 32 years old, he died in the Battle of Bosworth, it was amazing to see the likeness they compared it to a painting of him.

  23. A Texas Grandfather says:

    whodunnit

    Yes, you are correct about the money. What we have available is a lot of hearsay and little factual information regarding the family’s day to day activities. Perhaps LE has a lot more, but I am not very confident.

    I-15 has been built West of Victorville to interstate standards with overpasses and exits that do not permit normal street access. I-15 was built similar to most other interstate roads. The rights-of-way existed for federal highways that were built in the 1920s & 30s. I-15 and I-40 for example follow the route of old US-66. The old US highways were routed through the center of towns. The interstate systems were built around towns to prevent traffic backups for those that had no need to visit a particular town.

    Quarry Road in the Victorville area becomes a service road on the Southbound side of I-15 after passing under I-15. The roadbed of I-15 is elevated about two feet above the normal elevation for drainage purposes. It is sloped so one could just drive on or off the roadway. Drainage follows the natural drain patterns of the area and at selected areas these are extended under the roadbed. Look for rock on the West and East side of the highway. Broken rock placed in this manner is known as “Rip-Rap”. It is there to protect the soil from erosion.

    The fact that these bodies were not excavated by amimals indicates to me that some type of chemical such as powdered lime may have been placed in the graves to prevent that activity. If that was done, then we have an experienced person doing the burials. This is normally done when horses and cows are buried. However, none of the photos I have seen showed the earth removed from the graves. Therefore, no evidence for any of us to examine. Perhaps this will be available in the future. Or, perhaps Blink has this information and will address it in her part 2.

    We do not know just what the person reporting the graves found. Human bones of some type or bones that they thought could be human.

  24. whodunnit says:

    ATG-
    following the money trail:
    If McStay had access to money that was other wise untraceable, and took more than his share,was blocking a partner form accessing same….. could that result in murder?

    It has been said many times that Summer McStay would never take her kids on a holiday in Mexico, because it wasn’t safe.

    Belize is not a safe country, by any means.

    In 2010, there was a peak in homicides.
    https://www.osac.gov/pages/contentreportdetails.aspx?cid=12320

    In 2011, NPR took notice of the criminality down there
    http://www.npr.org/2011/10/29/141808741/small-and-isolated-belize-attracts-drug-traffickers

    Belize is a country that has a history of money laundering and financial entanglement with terrorist orbs.
    It has gotten so bad that by May 2013, that the CFATF ( Carribean Financial action Task Force is taking measures.
    http://www.fatf-gafi.org/countries/a-c/belize/

    following the money trail:
    If McStay had access to money that was other wise untraceable, and took more than his share, and /or was blocking a partner form accessing same….. could that result in murder? Hard to imagine the FBI overlooked such an idea, so I am assuming no connections between drugs money laundering and crime in Belize turned up, but still…..

  25. TRinCA says:

    Trey I believe FBI also became involved early on because of the belief that the family crossed into Mexico. I’m no expert, but it’s my lay person’s understanding that anytime a crime crosses state line or in this case a borderline, the FBI become involved because of jurisdiction issues among other legalities.

  26. TRinCA says:

    Blink,

    Thank you for your thorough answer to my question posed on December 1 regarding victimology and victim profiling. I had flooding in my house and have been offline until this morning so I’m back on your site getting up to speed. Your explanation has indeed given me a better understanding. It clicked for me when you wrote, “Admittedly, if the vp (vic profile) is mostly unpopulated so to speak- for the most part it means there is no link to the offender and victim and without a crime scene or link, we go to empirical data if warranted.” I hadn’t really thought in terms of that connection between perp and victim, and it clearly is critical to narrowing the field to a more manageable set of possibilities. Overall, I find the topic fascinating and appreciate you taking the time to explain how you employ it in a case. I think it’s caused a shift in my way of thinking about crime in general and after doing some more research, I plan on using the model to try to organize my thoughts because normally my mind is all over the place seeking explanation, especially with a case like this. I can’t wait to read Part !!, but I appreciate your integrity in holding off until you feel you can present the best narrative as opposed to racing to print just to keep up with the Joneses so to speak.

    Thank you kindly.

    Yep, makes me a lousy journalist on occasion but sometimes that is part of the job when the outcome requires it.
    B

  27. Michael McFadden says:

    Mr. McFadden, my name is on the top of the site as I had to point out to you more than once. I have nothing to hide, like say, attempted murder charges or a double felony conviction.

    If you have decided to take up research, than super-swell for you, but I suggest you actually learn how first. It is a slippery slope and you are certainly already precariously perched on the precipice.

    And

    You are done here.

    B

  28. Michael McFadden says:

    Oh my….I suppose I’m not the only one that recognizes a hack when I see one. LOL!!

    Lol, do your research felon. When you work as a criminal investigative analyst and journalist, very often people do not like what that churns out. Similar to yourself. That stalker you want to promote is old news, and btw, the piece I wrote that pissed him off- turned out the family named the same suspect I identified in it a year later.

    Not that you bothered to actually read it. Slow turn out I heard yesterday. Word gets around.

    Sure hope you are this chatty for your interview with SBCSO.

    B

  29. trey says:

    Grace, sorry was reading “gracie” in your user name due to contact lense irritation.

    I apologize if you feel my post harsh against law enforcement. I think the adjective “egregious” is appropriate for SD law enforcement in this case. Their theory the family had left the U.S. voluntarily if not a mistake is lazy police work. I also believe it was a huge mistake and laughable for le to say it was the McStays in the cctv footage at the border.

    The video had extremely poor detail (they were in silhouette) and it was completely impossible for anyone to discern who the people were in that footage.

    Plus, why wouldn’t le have studied footage from other cameras? Surely cctv footage at the booths would have shown, in detail, people crossing the border during that time frame. They would have been able to easily pinpoint the family of 4 in silhouette just by estimating time stamps.

    I also find Patrick McStay a very sympathetic and believable person. He has discussed some of the awful mistakes LE has made in this investigation. I did not say that F.B.I made errors. I have no idea to what extent their contribution is with any certainty. I only heard San Diego le’s comments and now those of San Bernardino le.

    Another huge error was not declaring the McStay home and Joseph’s business possible crime scenes early on. That’s only my opinion. I base it on common sense, which truly seemed to be lacking with SD le.

    Yes, thanks. I understand about why the F.B.I was called in. I had mentioned it in an earlier post. If not for children being a part of the equation the F.B.I would not have been involved until much later. Lindbergh Law/FKA is very well known (even among novices like myself). As it was a law enacted by Congress due to one of the most famous child kidnap-murder cases in U.S. history.

    I respect LE. But from the theories I’ve heard straight from the mouths of SD law enforcement and comments of Patrick McStay’s expressing his frustration with SD le and why he feels the way he does. Unless new information revealing a sensible reason for why SD le believed what they claimed to believe and better explains why they did or did not do certain things, at this time I agree with Patrick McStay.

    I’m sure F.B.I makes mistakes but was not referring to them in this case. My apologies if it sounded like I was.

    Thank you for sharing your knowledge.

  30. GraceintheHills says:

    Trey, no need to apologize at all. Thanks so much for sharing your thoughts and taking the time to read my posts. The point I was trying to make is that all LE agencies sometimes make mistakes and come to the wrong conclusions. When the FBI is involved you rarely hear a peep out of them during an investigation, unless of course they need the public’s help to apprehend a suspect. I sure hope the combined efforts of the SBCSD and the FBI find the individuals who are responsible.

  31. Tea says:

    wrt: Milisa says: December 7, 2013 at 12:35 pm
    Thanks Milisa and you’re welcome. I wonder if the coroner has been able to link any names of missing persons to the found skull or at possibly be able to make a gender identification, since female skulls tend to be more gracile than those of males. I also think that this finding of this lone skull occurred on November 5th which was some days prior to the finding of the McStay remains north of Victorville? Lastly, it seems that this skull was found in an area north of Hwy 18 and well west of the I-15. I wonder if Hwy 18 is a busy road since it seems to link I-5 with I-15.

    The detective assigned to that coroners case is different than those attached to the McStay case, but I am on record I do not buy the current explanation for the discovery.
    B

  32. DeesMom says:

    Long time lurker, first time poster here. Nice work on this site Blink. I just want to say I agree 100% about the questionable discovery of the remains. From the moment I heard it, I thought no way is this some random finding. The announcement of the FBI “taking over” in the Spring and then the bodies found 6 months later is a little too much of a coinkydink. Makes me wonder who gave up the info. Do you know of any associates of JM or on the periphery of his circle that were arrested for anything in the past year?

    Yes. More than 5.
    B

  33. whodunnit says:

    If the MCStays were doing off shore banking in Belize, the US government could not readily track that money down due to lack of tax treaties with the US. The US would have to prove that the McStays were connected to a crime in order to gain access to info in any accounts. So to me, it looks like kind of a catch 22 for the FBI to take the route of investigating just what on earth was tying McStay family to Belize, $$$ wise.
    So seriously, where DID the money come from to buy the new house, and where did the money go from the fountain business.

  34. Curious says:

    B – I am new to this site and you have done a great job. I was wondering why you are suspicious of the way the remains have been found? Is it just because the dirt biker’s name hasn’t been released? I am sure you have a lot of ideas The more I read about the McStays dynamics the more confused I get. Thx

    Based on my prior education training and experience, this looks like informant activity to me.
    B

  35. Rose says:

    So 1 of the 5 could’ve plea bargained away the whereabouts,
    & the cover story was to protect the info provider
    from other imvolved associates?

    This is left of center for publication yet.
    B

  36. Jane says:

    If you’re suspect of the moto witness account, does that mean that you think that individual had prior knowledge of the crime or that LE just made that up to protect whomever actually led them to the graves. Dangit, when will we know more. I haven’t seen a peep about this crime for some time. Anyway, you and your contributors are fabulous. I love reading here and am totally amazed at the wealth of knowledge you all have.

    For me, it reads like an informant tip. Because one of my cases is still open (non-related) where I could draw a parallel for informational purposes, I can’t give a good example, but I feel pretty strongly there are other things in play in the case.

    B

  37. whodunnit says:

    I am posting this link in part for comic relief- for anyone who wants to take a trip to La la land and see how this crime is analyzed astrologically. Yes. According to an “astrological forensic”
    This site does include some info I haven’t heard of before though- that Chase Merrit had a home in Apple Valley ( 20 minutes from gravesite), that he put up for sale just weeks after the disappearance, as well as reference to Summer McStay ex boyfriend.
    At this point, there is so many ideas around, the idea of actually charting the whole thing amused me- but Blink, if it is wasting time etc, please no need to post. Thanks as always

  38. Ode says:

    Are we sure that Joe and Summer actual purchased the property in Belize? Would there be any reason someone else would purchase the property in their name unbeknownst to them? My thinking is if someone else was laundering money but did not want any ties to their name.

    Yes Ode, confirmed.
    B

  39. Joe says:

    This is simple. Follow the money.
    Who changed the website to his own name?
    Who transferred funds to his own accounts?
    Who had threatened to ruin him before?
    One guy!

    I think Mr. Kavanaugh has a lot to say, and has been, privately.

    That’s all on that for now.

    B

  40. Curious says:

    Do we know for sure DK was the ONLY one who transferred money from EIP ?

    No, he was not
    B

  41. Brenda says:

    I just cannot thank you enough for this site and your expertise. I believe you are on target and i would not have come to that conclusion had it not been for you. The informant angle just rings true and yet blows my mind. Thank you for all you and fellow posters have contributed.

    Thank you and welcome Brenda
    B

  42. A Texas Grandfather says:

    It is beginning to appear that EIP may be a sham company for the purposes of “money laundering”. What company would have so open access to the funds that a bank would allow people other than principles to transfer funds?

    Maybe the McStays chose the location of the home on purpose as it was a known area of drug dealing.

    I don’t think the Belize location was chosen for that reason as Summer had an expired passport and the boys did not yet have one.

    WRT to the tranferring of funds- they were NOT authorized and accessed illegally, contrary to what Dugal told the family. DK hacked Joey’s email for his passwords to paypal.

    B

  43. whodunnit says:

    Blink writes:
    ( in reference to ATG post of Dec 10 9:40 a.m.)

    I don’t think the Belize location was chosen for that reason as Summer had an expired passport and the boys did not yet have one.

    ——
    Blink- repectfully
    IF the kids did not not have a passport that means they had not yet been to Belize. If Summer had an expired passport, that means she had not been there recently. To me, that further begs the question of just why they owned something in Belize in the first place and does not negate the possibility of financial advantages of having a place there, or ding offshore banking through Belize. imo.

    Question- did the McStays have a corporation down there, with their propety as the bee?
    IBCs

    Even if you are not a QRP, the laws allow you to avoid income taxes altogether by transferring income and assets (though not real estate) into a Belizean International Business Corporation (IBC). Dividends to you from the IBC are not taxable.
    the above is excerpted from this site, which can be read as a list of advantages to living in Belize:
    http://internationalliving.com/countries/belize/taxes/

    ——
    Blink writes:
    WRT to the tranferring of funds- they were NOT authorized and accessed illegally, contrary to what Dugal told the family. DK hacked Joey’s email for his passwords to paypal.

    ——

    Because there are limited ways to secure on line information, of course it is possible to hack passwords etc. And if DK hacked the passwords to the accounts, TECHNICALLY he would not be doing anything illegal by then using those passwords in a separate action to access monies – a loophole , if you will.

    But just because it was technically legal for DK to get into the accounts and transfer funds simply because he had the passwords, that does not mean that Dugal is wrong in saying that DK accessed and transferred monies without authorization from McStay, which would be an illegal action in itself.

    DK was computer savvy, and that is the reason the McStays employed him in the first place.Blink, you have repeatedly said that DK is a shady guy. Did he execute the mCsya’s all by himself- hard to imagine. Does he have keys to solving the crime- sure looks like he could have vital info he hasn’t shared yet.

    who- good research. However, I never said that the McStay’s may or may not have chosen the Belize property for financial advantages- I think that may be accurate as a matter of fact. I have not seen any evidence of it being intended for drug activity was my point.

    As far as DK hacking into his Vendor ( he was not a partner, not an employee, he was a subcontractor making Joey a Client/Vendor) accounts not being illegal- I disagree, specifically: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=503-515

    The statute of limitations for same is up on February 6, 2014 or 4 years from the discovery of the offense, whichever is greater.

    Don’t be surprised if Mr. Kavanaugh comes up with some charges in the near future. There are a lot more options for prosecuting these various transactions I am told.
    B

  44. Norma thomas says:

    I think dik and cm did it that’s my opinion they are shady characters and from I read about them it’s a yes and who’s black cowboy hat was in the garage when they were touring the house with Michael in the garage there’s a black cowboy hat I think is chases

  45. GeorgiaDad says:

    In my experience, most Americans who buy property in Central America do it more for retirement reasons the nefarious activities.

    A US dollar goes a long way in Belize, the primary language is English and taxes on retirees are low.

    Now in this case, I’m not so sure because of the complicated money trail. I wonder if the financial irregularities in this case are what lead LE to believe the family had fled to Mexico (although that’s the last place I would go if I were fleeing from drug dealers)

    I know right? Talk about out of the frying pan..
    WRT the land purchase in Belize. After getting some verifications back, I can tell you that land was owned and paid for in full as an investment by the mid nineties. At the time and for a long time afterward, Joey made an incredibly modest income and worked 2 jobs so I really do not see any evidence that this property is germane to their murders at all.
    B

  46. [...] Quadruple Homicide of The McStay Family,  discovered November 11, [...]

  47. whodunnit says:

    blink writes:
    who- good research. However, I never said that the McStay’s may or may not have chosen the Belize property for financial advantages- I think that may be accurate as a matter of fact. I have not seen any evidence of it being intended for drug activity was my point.
    ——
    Taking drugs out of the quotient completely, could the MCstays have been stashing money in offshore bank accounts, putting monies through a shelf corporation, there by avoiding all income tax? And could someone have been cut out of the profits who would be nuts enough to murder the McStays over it? very difficult to track monies in offshore bank accounts- I just would like to know if McStay HAD an offshore bank account or a Belize Corp. Surely that is discoverable?

    ————–
    But what IF drugs were involved?

    As far as drug trafficking, again very difficult to discover existence of same , especially if the monies from transactions were ” filtered” through a shelf company, and laundered in that way. Would seem not so difficult to represent transactions as purchased materials for fountain business.

    Belize is recognized as a major drug trafficking and money laundering center throughout the world, recognized by the Whitehouse Sept 14, 2012.

    An excerpt from a US State Department issued report in 2013:
    “The 2013 narcotics report said that in 2012, Belizean authorities seized and destroyed 19.1 metric tons (MT) of marijuana, 156 MT of precursor chemicals, 55.4 kilograms (kg) of cocaine, 1.4 kg of crack cocaine and 4.9 kg of crystal methamphetamine. Belizean authorities also recovered an additional 59.5 kg of cocaine that was found abandoned, leading to no arrests (classified separately from seizures in Belize).”
    for entire article referred to above here is link:
    http://amandala.com.bz/news/belize-major-drug-transit-money-laundering-state-2/

    ———-

    While the above info in no way tags the MCStays as being involved with drug trafficking, it does at least support that it is wholly possible to traffic drugs and launder money in Belize, as long as you figure out how to get away with it. Regarding the seizure of almost two tons of marijuana, kilos of cocaine etc in Belize in 2012, it seems some one – or several people- did get away with it, because no arrests were made in connection with that drug seizure.
    —–

    Several posts have been made positing that it was not an innocent motorcyclist but rather an informant who led to the discovery of the McStay remains.

    As far as the timing of finding the bodies in fall of 2013, could there be any possible connection between the seizure of drugs in Belize, and an informant leading the way to McStay remains?
    ——–

    Hope they come up with some public info soon, my imagination is working overtime lol

    Just to clarify- it is my opinion only that the discovery was actually an informant tip. I have not found any evidence of offshore accounts to date.
    B

  48. whodunnit says:

    edit for my dec 10 5:58 post
    Belizean authorities seized 19.1 metric tons of marijuana, not two tons.

  49. whodunnit says:

    Blink writes:
    WRT the land purchase in Belize. After getting some verifications back, I can tell you that land was owned and paid for in full as an investment by the mid nineties. At the time and for a long time afterward, Joey made an incredibly modest income and worked 2 jobs so I really do not see any evidence that this property is germane to their murders at all.
    B

    ——
    Why buy land in Belize if you are holding down two jobs and only coming up with a modest income? Why not sell the land if you can’t pay your rent on time?
    Why have land in Belize if you do not go there, or take your family there?

    I still think that the fact that the McStays had property in Belize – why they did, would be useful information. Why did they had chose to buy land in one of the MOST drug crime ridden countries in the world, and whose banking system guarantees secrecy under National Law,, whose government will not even divulge WHO has accounts, unless you have court orders and proof that someone committed a crime.
    references to drug problems here:

    http://african-business.blogspot.com

    ——–

    Do you promise that you will not feel like I am picking on you if I respond appropriately, lol? I think you are a good researcher and you get better and better and I also admire the way you argue a point if you think it worthy. So here’s the rub- those are great critical thinking qualities and I want to both encourage them in part and discourage them in part proactively.

    B

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