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. l says:

    I just found it odd you and he reached the same conclusion. Why assume they died at the site? He seems to think the same as he brings up a shooting range and how gunshots would be normal.
    http://www.coloradonewsday.com/national/29080-mystery-digger-track-marks-found-at-mcstay-family-grave-site.html

    I need you to keep one hat please. I am a criminal investigative analyst, there are certain markers we look for within an investigation I believe would be present if the victims died elsewhere. I am being vague, but I can’t speculate on what MMcStay thinks- I just know he was not given a COD.

    B

  2. Chris H says:

    During the press conference on the McStay family discovery…the person in charge (SBSD)mentioned there was evidence that would help the investigation …so, what happened??

  3. l says:

    In Mexico’s brutal drug war, children are increasingly victims, innocents caught in the crossfire, shot dead alongside their parents — and intentionally targeted.

  4. l says:

    Pat McStay speaks about how MM is a very wealthy man as if affording a hit man would be nothing to him. That’s why this money deal issue baffles me. Jonah I read is 17 and a half, so the timing of the discovery would that mean others will control money left like the land and sale of it, bank accounts (I read there a several and I know you said likely will take time) but could it be someone wanted them found (The family) so money issues got settled and it was before Jonah was of age? In other words could someone else think they will if Jonah is not of age, benefit and is this the type of money deals you mention. Do you know if that Thursday was the Thursday (the day they went missing) normally Joey would have Jonah? Do you think the phone calls that day are odd compared to the other days? I did and the period where he had lunch he took no calls, received none as if his phone was off. Chase Merrit said in his interview that Summer would text and call whenever he had lunch with Joey and Joey would not want to answer but would have to. Could this be Chase giving us a reason why that cell would be off, if it was? Summer it said called about a medicine called anger at around one PM. That is doing this lunch meeting time period. Sounds like if we believe Chase, Summer could be angry Joey had the phone off. Is there any proof Joey got home. Spoke to anyone but Chase after that lunch? Besides a text exchange with summer. Do you know if there is any proof Joey McStay
    made it home on the 4th, alone and safe? Is there any such proof you are allowed to share? Thanks

    l- To my knowledge there is no proof that Joey went to the house, no. His phone pings would presume he did, or his phone did. You have quite a facts that are not correct, or are not actual facts in your post, we are going to need to stay factual as best we can- there is so much misinfo as it is.
    B

  5. Milisa says:

    Is it me or is it odd to talk about yourself in the 3rd person the way Dan did in this interview? I don’t know it reminds me of a seinfeld episode where they had a character Jimmy, “Jimmy likes Elaine”. I guess if someone knocks on your door witha a news camera it might throw you off a bit.

    O I think he did Tommy 2x as well, lol
    B

  6. Ragdoll says:

    friendLY, a criminal investigative analyst? Is that what these courses have been about? CONGRATS! That’s a big stinkin deal. Very proud of you.

    I just wanted to hop on here and wish everyone a joyful, Spirit filled Christmas with their family and loved ones. I’m lurking and reading as always :D If you’re traveling, stay safe, take your time and arrive alive (no drinking and driving; no texting whilst driving; AND….the best way to spread Christmas cheer is singing loud for all to hear. -Buddy, the Elf)

    I’m singing!

    Merry Christmas BOC!

    Buddy is my Man for Christmas. Blinkettes did the tree in the elevator at The Empire State Building and we ALL do the escalator “lunge” whenever we find ourselves one one. Blinkette had to do an actual video mercial this year in class- the escalator and hopping scene made it in.

    Happy Holidays FriendLY!

    B

  7. whodunnit says:

    Blink writes:
    “we are going to need to stay factual as best we can- there is so much misinfo as it is.”
    B
    —-

    Hi Blink
    I am noticing that several times, you have had to point out that many posters are using erroneous “facts” to speculate.

    I understand how time and new information that cannot be safely published could have deterred you from putting out ” part two”.

    But:

    As opposed to a lengthy article,would you consider a ” bullet point” type list of known facts to date that are safely available to the public?

    who- it is a great thought, and I will keep it in mind, but we are working at trying to verify/vett some things without much success and I have to be respectful of that. Have you reviewed recent links on here on in the past few days?

    There is some picking up of what we put down, lol
    B

  8. Rose says:

    If McFadden & Joey’s brother came to some distribution agreements (flooring, vehicle) idk how that could happen without transfers legally occurring via wills/Executor (and the problem was they weren’t legally declared deceased), or without running intestate deaths thru probate via Court.

    So, it seems to me someone needed to hire a lawyer, go to Court, & get made a Conservator of the Property of all 4. If the Ms didn’t do that, their every transaction was theft in nature.

    It sounds like she entered the marriage with a house worth $220K from Vick.

    If drafting a will, imo she would provide for Mother if her husband & children predeceased her.
    How could the Ms fail to segregate her marital “share” & think they could get away with it?

    What I suspect:

    There is more money and more accounts than we know of. And by saying that, I am in no way saying that is a motive for this crime- I don’t know.

    B

  9. Milisa says:

    Is this the Patrick Maloy ?
    http://patrickmaloy.wordpress.com/tag/patrick-maloy-san-diego/

    Yes. Mr. Maloy is a ponzi expert and has a home in Oklahoma City as well.
    B

  10. l says:

    McStay said, “Our family hasn’t taken any of that money, not one dime.” He said funds were used to complete fountain projects already under way and to make child-support payments for Joseph’s teenage son.

    http://www.utsandiego.com/news/2013/feb/02/mcstay-missing-fallbrook-family/all/?print

    Again, I stand by my assertion that those payment were made automatically, and Mike McStay is flat out wrong about that issue.

    B

    So child support was paid via Joey’s bank automatic payments till that account was frozen in June 2010. Could Mike be speaking about child support either past due or support from June 2010 till today’s date or till the child reaches age of majority? Could he have known the payments would stop and simply paid in advance or put aside money in order to make these payments in the future knowing they would stop?

    I don’t know for sure.

    What I can say with certainty is that whatever occurred, it was not child support payments.
    B

  11. whodunnit says:

    Has this been posted previously? If so I can’t find it easily, so here it is:
    an interview with Daniel Kavanaugh dated Dec 20 , 2013 that includes further information about bank withdrawals, EIP , DK’s connection with Mike McStay and his mother Susan…, and a reference to Patrick Maloy.
    I find this really interesting. Do You?
    http://www.cbs8.com/story/24277118/mcstay-murder-mystery-who-is-dan-kavanaugh

  12. whodunnit says:

    intrigued by the interview with Kavanugh, and want ting track down whatever happened to EIP, I took a little google stroll looking for Patrick Maloy, the man who alledgedly purchased EIP from Patrick. The name of Patrick Maloy’s company was Water Feature Supply.
    Interestingly, on a site called ” ripoff reports” postings in 2012 are complaints about that very company. There is a response from a poster who calls himself ” the owner of the company” and he defends himself. He makes a statement that he would “never engage in inappropriate business practices”

    http://www.ripoffreport.com/r/water-feature-supply/san-diego-california-/water-feature-supply-patrick-maloy-water-feature-supply-takes-your-money-and-never-sends-y-879758

    ——-

  13. jay says:

    Repeating a question back verbatim is often the sign of an impending lie. Especially when you do not then answer the question. Other people can look further.

  14. Lauren says:

    I am aware, thank you. I don’t know how someone who has so egregiously manipulated others stops doing so- but I do hope he has. I am guarded on the issue- I have heard this several different flavors.

    B

  15. jay says:

    There’s only one person who has done that, repeated a pointed question back verbatim, in all the McStay-related videos out there.

  16. lanni says:

    The first painter we are told did not finish because he had a business trip. Could it simply be the painter who searched for the information on the families computer?

  17. Sierra says:

    Patrick Maloy never pays his rent when living with Amy. Gina is the GF who relocated recently to the east coast.

    View Case Detail
    Case Title: WATER FEATURE SUPPLY INC VS. MALOY [IMAGED]
    Case Number: 37-2012-00092477-CU-BT-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 02/17/2012
    Category: CU-BT Business Tort

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    WATER FEATURE SUPPLY INC P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    MALOY PATRICK P
    BACA GINA

    California Secretary of State Data updated December 11, 2013 Business Details Business Name: PATRICK H. MALOY INC. Citizenship: Domestic State of Incorporation: CA Business Type: Corporation Tax Base: Non-Stock (Nonprofit) Classification: Mutual Benefit Mailing Address: 728 MARKET ST #24 SAN DIEGO, CA 92101 Status: Suspended Secretary of State ID: C3252169 Incorporation Date: 07/24/2009 – See more at: http://www.wysk.com/index/california/san-diego/mm943a8/patrick-h-maloy-inc/profile#sthash.Kqu5N8EL.dpuf

    (There are two companies that share the 1571 La Playa Avenue address in San Diiego:)

    View Case Detail Patrick Maloy’s GF, Gina Baca has a bunch of AKAs:
    Case Title: DEFENDANT GEORGINA BACA
    Case Number: CR117588 Case Location: San Diego
    Case Type: Criminal Date Filed: 11/05/1990
    Defendant
    Last Name First Name Birth Year AKA DA Number
    BACA GEORGINA Y B8212801
    BACA RITA MARIE B8212801
    JONES RITA PETERSON Y B8212801
    PETERSON RITA JONES Y B8212801
    RIOS TERESA Y B8212801

    View Case Detail
    Case Title: DEFENDANT PATRICK MALOY
    Case Number: CA209383 Case Location: San Diego
    Case Type: Criminal Date Filed: 11/05/2007
    Defendant
    Last Name First Name Birth Year AKA DA Number
    MALOY PATRICK APPEALS

    Imaged Case
    This case has not been imaged.

    Microfilm
    Microfilm ID Location Reel Number Frame Number
    This case has not been microfilmed.
    *************************************

    It is incredible that Patrick and Amy Maloy never pay their rent: Five Unlawful detainers in same number of years, most likely means these two just move in and plain don’t pay at all.
    Are filed by landlords against the Maloys within just five years.
    View Case Detail Patrick and Amy Maloy getting kicked out of house Unlawful Detainer

    Case Title: WAITES VS. MALOY [IMAGED]
    Case Number: 37-2012-00047349-CL-UD-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 11/20/2012
    Category: CL-UDR Unlawful Detainer – Residential

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    WAITES NIGEL P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    MALOY AMY P
    SMITH AMY P
    MALOY PATRICK

    View Case Detail Another Unlawful Detainer against Patrick P Maloy
    Case Title: JAMES E HUGHES VS. PATRICK MALOY
    Case Number: 37-2010-00047100-CL-UD-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 10/08/2010
    Category: CL-UDR Unlawful Detainer – Residential

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    HUGHES JAMES E P
    HUGHES PROPERTY MANAGEMENT P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    MALOY PATRICK P

    View Case Detail
    Case Title: CHONG LEE VS. AMY SMITH
    Case Number: 37-2009-00100778-CU-UD-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 10/27/2009
    Category: CU-UDR Unlawful Detainer – Residential

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    LEE CHONG P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    MALOY AMY P
    SMITH AMY P
    MALOY PATRICK

  18. Sierra says:

    The Patrick Maloy doesn’t pay his rent to the same landlord and gets booted out two consecutive years in a row:

    View Case Detail
    Case Title: CHONG LEE VS. AMY SMITH
    Case Number: 37-2009-00097911-CU-UD-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 09/08/2009
    Category: CU-UDR Unlawful Detainer – Residential

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    LEE CHONG P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    SMITH AMY P
    MALOY PATRICK

    View Case Detail
    Case Title: DJAMSHID MOSHIRNIA VS. PATRICK MALOY
    Case Number: 37-2007-00041242-CL-UD-CTL Case Location: San Diego
    Case Type: Civil Date Filed: 11/15/2007
    Category: CL-UDR Unlawful Detainer – Residential

    Plaintiff/Petitioner
    Last Name or Business Name First Name Primary (P)
    MOSHIRNIA DJAMSHID P

    Defendant/Respondent
    Last Name or Business Name First Name Primary (P)
    MALOY PATRICK P

    View Patrick’s Background Report >>
    Patrick O Malloy Age: 50

    More info… 1351 Eureka St
    San Diego, CA 92110

    Also known as: P Malot, Patrick D Maloy, Patrick O Maloy, Patrick Omaloy, Maloy P Oreilly

    More info… (858) 549-2808

    12606 Fairbrook Rd
    San Diego, CA 92131

    patrickmaloy@yahoo.com

    Check Nationwide Criminal Records for Patrick L Maloy >>

    Advanced Background Report on Patrick L Maloy >>

    Possible Relatives:
    Joseph T Rielly
    Socrates G Agriooreilly
    Michael W Malott
    Pamela Sue Malsbury
    Stacey J Maloy
    Leon Brasseur Loy
    Mike Loy
    Raymond T Loy
    Trina Ann Loy

    Associated Businesses:
    Nanospin Solutions, Inc

    Previous Phone Numbers:
    1. (619) 316-2808
    2. (619) 451-5775
    3. (619) 549-2808
    4. (858) 549-2808

    Previous Addresses:
    1. 12292 Spruce Grove Pl, San Diego, CA 92131
    2. 12292 Spruce Grove Pl #101, San Diego, CA 92131
    3. 12292 Spruce Grove Pl #P, San Diego, CA 92131
    4. 1351 Eureka St, San Diego, CA 92110
    5. 15717 Lofty Trail Dr, San Diego, CA 92127
    6. 001571 Lofty Trl, San Diego, CA 92127
    7. 116 Quail Dr, Encinitas, CA 92024

    More info… (858) 549-2808

    12606 Fairbrook Rd
    San Diego, CA 92131

    patrickmaloy@yahoo.com

    Check Nationwide Criminal Records for Patrick L Maloy >>

    Advanced Background Report on Patrick L Maloy >>

    Maloy’s comment that “for others this is where it all ended” is somewhat concerning….

    http://patrickmaloy.wordpress.com/2013/07/
    Monthly Archives: July 2013
    San Diego…
    30TuesdayJul 2013
    Posted by patrickmaloy in Uncategorized
    ≈ Leave a Comment
    Tags
    Patrick Maloy, Patrick Maloy San Diego, Water Feature Supply
    What a great city, so much to do and so little time to do it in. Some might say that this is where
    the heartache began, for others this is where it all ended. Needless to say there is something
    special about San Diego. For me its always been a feeling not some place on the map.
    You know, San Diego gets inside like the water the ocean features and the seemingly
    short supply of authentic emotion.

  19. l says:

    Blink- U say MM was sued for saying he owned EIP? Would this be of concern? Could it have upset someone.

    It is worthy of scrutiny, imo.
    B

  20. Milisa says:

    Superior Court San Diego:
    http://www.sdcourt.ca.gov/portal/page?_pageid=55,1&_dad=portal&_schema=PORTAL

    Case search case #37-2012-00092477
    Make sure to change the year to 2012. It will bring up civil case against Patrick Maloy and his “girlfriend” Gina Baca, a model. She has long brown hair, 5’5″ and thin, sound familiar? The case reports he is the domain name holder for waterfeaturessupply.com andearthinspiredproducts.com.

  21. l says:

    I do know that Mike was sued that year for making false representations on his mortgage application- specifically, that he was the owner of EIP

    Could something of this nature lead partners or persons needing money laundered to get upset, the lawsuit I mean?

  22. l says:

    Good question but why would everyone need to go, and take the kids out just before bed?
    Blink

    Unless Joey did not get home and Summer was to meet him per the text or prior plans. Or someone came to get her cause Joey had some emergency.

    It is my personal opinion that there was some sort of ruse that had them out of that house to meet the other (or persons responsible ). I don’t believe they all left together.
    B

  23. Sunny says:

    Milisa…I’m not sure where you’re going with this…what is the connection you are trying to make with Gina Baca? There are many photos of her on-line…she is a swimsuit model.

  24. Milisa says:

    Federal Bureau of Prisons:
    http://www.bop.gov/locate
    Patrick Wayne Maloy
    Register # 15020-064
    Age:55
    Race:white
    Sex:M
    Released on: 09/24/2004

    That is him, note to all his middle name. I see a bunch of posts with the wrong Maloy.

    B

  25. GraceintheHills says:

    Why would DK have access to Joey McStay’s accounts? Wasn’t he just the web designer? It would appear that he was drawing money out of those accounts within days of the family going missing. Why would he of all people have anything to do with selling Joey McStay’s company? I am not saying he is involved, just curious.

    Blinksters, When you use the initials MM in your above posts, which MM are you referring to?

    For the record, I don’t think the stepfather had anything whatsoever to do with this horrific crime.

  26. Sunny says:

    Blink, perhaps you can shed some light on a question I have had since early on in this case…
    Why didn’t the SDSD Homicide detective secure the house and green Dodge truck on the 15th? It appears they had enough probable cause to seek a search warrant, so why would they leave the home and truck exposed to contamination and possible theft? Had they take proper steps to secure a potential crime scene, no one, including family, would have been allowed to clean things up and/or remove possible evidence of a crime.

    I can’t answer for them. I know that their answer is, however, and that their was no evidence of a crime. I disagree. I believe strongly that exigent circumstances existed due to the CPS inquiry, and the ages of the children.

    Not to mention the dogs outside.
    B

  27. jeff says:

    Per an earlier post: It is quite true that the now-defunct Victorville Motorcross Complex is less than 2 miles from the gravesite, off the same exit. Anyone into MX could quite possibly be familiar with this area.

  28. Rose says:

    Different Maloy, this is patrick H. However, can’t rule out relation yet.
    B

  29. Rose says:

    I see the tie-in, to Mike anyway.
    http://domains.adrforum.com/domains/decisions/1434296.htm
    Maloy scores.
    Has the civil suit finalized?

    yes, a request to dismiss without prejudice was filed by the plaintiffs after one with the same name was arrested for illegal weed growing- and I am not referring to Schneider. Maloy is now selling fountains again- oddly ( and because I know how you like your research and you will point it out if I don’t, lol) The Water Feature Supply registration was DISSOLVED PRIOR to the dismissal with no mention.

    This Patrick is Patrick H Maloy. I have not yet been able to rule out if he is a relative of Patrick W., who in my opinion is in the middle of his next ponzi take.

    B

    B

  30. Rose says:

    I see Baca is on Model Mayhem, relocated to DC.
    She’d better make hay, as is aging out imo.

    lol, If I looked like that I would not get dressed or move to DC :)
    B

  31. l says:

    Blink- U say MM was sued for saying he owned EIP? Would this be of concern? Could it have upset someone.

    It is worthy of scrutiny, imo.
    B
    It is my personal opinion that there was some sort of ruse that had them out of that house to meet the other (or persons responsible ). I don’t believe they all left together.
    B
    I have always thought there was a ruse, same opinion you have. Do you know why the lawsuit against Mike M seems to have just gone away?

    It has not gone away. A judgement was filed with the court.
    B

  32. l says:

    Would or Could this Lawsuit have lead to criminal charges against Mike M? A sort of investigation of EIP?

  33. l says:

    As far as the CPS case do you know what friend was holding the tape for JM and SM? Who else knew the situation with MM and what threats he made against Summer? Seems to me that Joey’s symptoms could stem from this situation, rather his son being in that situation.

    There were 2, and yes I do.
    B

  34. whodunnit says:

    Here is a link to the mess involving the people who bought EIP from DK. In it, Patrick Maloy states that Mike McStay is the owner of EIP
    .http://domains.adrforum.com/domains/decisions/1434296.htm

    I think that the motive for murder is not linked to the fountain business itself. If it were, we would have seen more people profit from the business. It was a web based company, and selling it would actually just mean a transference of the ownership of the domain, a redirecting of business to another site.
    Bottom line is that IF the murder was just about getting control of the company, it was a failure.

    I think that the motivation for the murders was emotional and deeply personal, beyond dollars.

    Agreed. Whether directly or indirectly, there is not enough $$ here on the surface to warrant the risk. This crime was executed by person(s) incapable of considerations of risk, imo.
    B

  35. Rose says:

    one can see why SDPD threw up their hands & gave up before they started.
    Too much work. Many suspects. Without objective evidence,
    defense would have a field day.

    I may eat my words on this one, but I don’t think this is how that will play out. It will solve. The recovery changed everything, imo.
    B

  36. Rose says:

    seems to me that type of motivation is
    found in family members by blood or marriage.

  37. Curious says:

    I sure hope you are right about the recovery changing things. There needs to be justice for this family immediately. Especially, the 2 innocent children.

    Have a Merry Christmas and a blessed New year

    Thank you for all you do.

  38. lanni says:

    Blink, what do you think about the car and the date staff said it was towed? I mean staff does not always do their jobs do you think it was parked on the 8th?

    I don’t think the date can be confirmed positively, no. Unfortunately Dugal never requested any of the store footage in time so it was not preserved, but it did appear that where it was parked would not have shown up anyway, iirc
    B

  39. lanni says:

    Parked not Towed

  40. lanni says:

    So what about risk in going back to jail or prison, seems to be a few people in that position IF Joey or Summer learned of some crime, at EIP or with Step Son. Are you saying this is an impulsive act or someone acting out? We already know this had to be a monster what if that person just thought they were headed to prison unless they eliminated the cause of that risk. Or someone got into some dispute with Joey or Summer and harmed them on the 4th, knew that they would be discovered if they did not eliminate both Summer and Joey and the children could ID them and basically this person(s) just did not care only cared about themselves.

  41. GraceintheHills says:

    Rose says:
    December 24, 2013 at 10:33 am
    one can see why SDPD threw up their hands & gave up before they started.
    Too much work. Many suspects. Without objective evidence,
    defense would have a field day.

    I may eat my words on this one, but I don’t think this is how that will play out. It will solve. The recovery changed everything, imo.
    ~~~~~~~~~~~~
    Me: As soon as I learned of the recovery, I, too, felt the case would be solved. My understanding is that LE recovered evidence at the gravesites that would not normally be left behind. I am leaning toward a younger perp as the one responsible for carrying out the murders, but I certainly could be wrong. I also suspect at least two individuals were involved. If the gravesites were also the crime scene, the FBI has likely developed a profile(s) unless they already have prime suspect(s). AJMHO, nothing more.

    Keeping the McStays’ family and friends in my prayers during the Holiday season and always.

    G- you may be right, but in my experience a younger offender or offenders tend to talk, make mistakes, and in general lack criminal sophistication to carry out this sort of crime. Additionally, they exhibit significant post-offense behavior that is consistent with that. Brutal murder of tots especially- is work for a seriously hardened and I would suggest evil sort.

    I also tend to believe that both Joey and Summer to the extent they could, would have put up a fight to protect their children and each other, which is why I tend to believe this crime happened in stages- requiring communication and advanced planning to carry out.

    B

  42. GraceintheHills says:

    Sorry. In my above post, I forgot to indicate Blink’s comments beginning with, “I may eat my words on this one, but I don’t think this is how this will play out…”

    Totally agree.

  43. GraceintheHills says:

    Sunny says:
    December 22, 2013 at 1:35 pm
    Blink, perhaps you can shed some light on a question I have had since early on in this case…
    Why didn’t the SDSD Homicide detective secure the house and green Dodge truck on the 15th? It appears they had enough probable cause to seek a search warrant, so why would they leave the home and truck exposed to contamination and possible theft? Had they take proper steps to secure a potential crime scene, no one, including family, would have been allowed to clean things up and/or remove possible evidence of a crime.
    ~~~~~~~~~~~
    @Sunny, LE did secure the scene including the green truck when they were called to the house in 2010. There is a pic of yellow crime scene tape that cordons off the driveway, the front lawn, and the home.

  44. GraceintheHills says:

    jdog says:
    December 19, 2013 at 1:44 pm
    Wow…
    This case is mindboggling !!
    First of all… Blink… thanks for this forum…
    So many twists and turns.. and I have learned so much here….

    From the LAUREN post….
    This guy a candidate for a real strong suspect.
    If all that is true about VJ, then that’s a pretty good motive and explains the reason for the kids being killed as well (he didn’t care about them; kind of like when a lion takes over another pride… all the offspring tht are not his must be eliminated… very primal..)
    ~~~~~~~~~~
    Jdog, you could be right, but I just don’t see a vet who is alcohol dependent and has been homeless committing what appears to be such an organized quadruple murder.

    Agreed.
    B

  45. Sunny says:

    GraceintheHills says “LE did secure the scene including the green truck when they were called to the house in 2010. There is a pic of yellow crime scene tape that cordons off the driveway, the front lawn, and the home.”
    ——————-

    I believe that those photos were taken on the 19th after LE returned with the warrants. The house and truck were not ‘secured’ and/or guarded between the 15th when LE first entered the house and the 19th when they obtained the warrants. During those days family and friends were in and out of the house unsupervised…some cleaning and searching, and some removing items that could have been important…thus, by the time the warrants were obtained the scene was already compromised/contaminated.

  46. GraceintheHills says:

    Saleha says:
    December 20, 2013 at 7:40 pm
    What about this scenario: A business partner of the fountain business was involved in something “shady” to do with the fountain business, such as drugs inside the fountains, which involved other parties. Joey did NOT know about this “shady business” and found out, or threatened to expose it, and that business partner was by default was indirectly involved in their actual murders, i.e., the situation with the other parties involved became out of the business partner’s control, and the McStays were killed…
    ~~~~~~~~~~~~~
    @Saleha: This is an interesting theory but would not have to involve a business partner.

  47. GraceintheHills says:

    GraceintheHills says:
    December 25, 2013 at 3:45 pm
    jdog says:
    December 19, 2013 at 1:44 pm

    From the LAUREN post….
    This guy a candidate for a real strong suspect.
    If all that is true about VJ, then that’s a pretty good motive and explains the reason for the kids being killed as well (he didn’t care about them; kind of like when a lion takes over another pride… all the offspring tht are not his must be eliminated… very primal..)
    ~~~~~~~~~~
    Jdog, you could be right, but I just don’t see a vet who is alcohol dependent and has been homeless committing what appears to be such an organized quadruple murder.

    Agreed.
    B
    ~~~~~~<<<

    Blink, I think you bolded my comments "Jdog, you could be right…organized quadruple murder."

    Blink, do you know if Joey imported any of his fountain parts or supplies from Mexico?

    Btw, hope all of you are having a blessed Holiday season!

    Grace- appolly. That was my error and of course, your comment.

    I know that Joey used some wholesale import/export companies that may have ties to Mexican suppliers for some goods, but to my knowledge, he did not have any direct lines for that and for the most part that resource was used for anything needing to be shipped internationally.

    B

  48. GraceintheHills says:

    Sunny says:
    December 25, 2013 at 4:29 pm

    GraceintheHills says “LE did secure the scene including the green truck when they were called to the house in 2010. There is a pic of yellow crime scene tape that cordons off the driveway, the front lawn, and the home.”
    ——————-

    Sunny says, I believe that those photos were taken on the 19th after LE returned with the warrants. The house and truck were not ‘secured’ and/or guarded between the 15th when LE first entered the house and the 19th when they obtained the warrants.
    ~~~~~~~~~~~~~
    @Sunny, you may be correct. Do you have a link to that info that shows a date? Geez, why in the world it take them four days to obtain the warrants? Part of the problem was the fact that, at that point in time, LE had no evidence that a crime was committed. These perps counted on that.

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