Blink On Crime -

McStay Family Murders: Charles Chase Merritt Arrested In The Murders of McStay Family

Posted by BOC Staff | Chase Merritt,Chubba McStay,Dan Kavanaugh,Gianni McStay,Heather McFadden,Jonah McStay,Joseph McStay,McStay,Michael McFadden,Michael McStay,Patrick McStay,Summer McStay | Friday 7 November 2014 11:55 am

This is a developing story, please check back for details.

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Comments (580)

580 Comments

Gold prospector says:

July 1, 2015 at 5:04 pm

It seems like DK is the only person that knew about Chase being fired and a 30G loan for gambling debts. Said the person who sent threats to Joseph if he didn’t get respect and more money .

Exactly, because he is on record stating the McStay family designated him to pay Merritt.
Which is it?
B
Gold prospector says:

July 1, 2015 at 5:24 pm

October 22, 2014, investigators served a search warrant on (Merritt’s) residence and seized several computers, electronic storage devices, notes for the McStay homicide investigation and several quotes to do with remorse, forgiveness and murder,” according to warrant #14-1666.
Alli says:

July 1, 2015 at 8:02 pm

Below is the link to the Search Warrants, courtesy of David Gotfredson, Investigative Producer, cbs8.

http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

Warrants taken from pdf file on link below, along with a good article summing up the warrants.

http://www.cbs8.com/story/29453814/33-redacted-search-warrants-released-in-mcstay-murder-case
Gold prospector says:

July 1, 2015 at 9:30 pm

Exactly.. Which is it ?

GP- can you kindly quote the post or response you are responding to when asking a question or for clarification? I can’t see what you are referring to because the thread moves too quickly.

Thanks
B
Gold prospector says:

July 1, 2015 at 11:16 pm

Yes
Gold prospector says:

July 1, 2015 at 11:21 pm

Because of the Lords of the fly type atmosphere I have become accustom on another blog it may take a few (I hope not) reeling ins before I get used to the stick rules (which I crave lol ) that you have .
Gold prospector says:

July 2, 2015 at 1:31 am

- The warrants disclose for the first time that San Diego Sheriff’s investigators swabbed the McStay family trooper for DNA in 2010 and also obtained a DNA sample from Merritt. Yet, inexplicably, it wasn’t until 2014 that San Bernardino Sheriff’s investigators discovered a DNA match
.http://www.cbs8.com/story/29453814/33-redacted-search-warrants-released-in-mcstay-murder-case

Obviously the lab notes are not included in the warrants, nor are the reports so I can’t speak to the test or the result- they may have not even run the tests until 2014, however, I do know that Dugal is on the record stating there was nobody’s DNA in the vehicle that should not be there so my guess is that perhaps they used a different type of testing method to amplify the result?

Merritt admitted to forging Joey’s signature on checks to an account he was not an “owner” of and he was never arrested for any of the fraud. So if he is never charged with the financial crimes how is a jury going to buy that was his motive? For me, there was more questions than answers in those docs so far once again. One thing I am sure of, is that Mettias’s affiliation with someone who has an ongoing pecuniary interest in this case is going to come back to haunt him.
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Gold prospector says:

July 2, 2015 at 12:22 pm

I just hit the invisible like button on your comment LOL
Gold prospector says:

July 2, 2015 at 9:58 pm

I looked up pecuniary interest and I still don’t know what it means. Giggles..

financial gain.
B
LaVerneDiva says:

July 3, 2015 at 12:16 am

How can I join Blink! Thank you in advance!

Nothing to join, you can just post and welcome to BOC.
B
Gold prospector says:

July 3, 2015 at 12:44 pm

Did Michael indicate to you the last time he had actually

10 spoken to Joseph was about February 4th of 2010?

11 A I believe, yes.

In person maybe ? Because there is no phone communication that I have seen on that day /

I believe he just mispoke because the the DA was moving around in dates. I have seen Mike McStay quoted publicly that they last spoke the previous week or words to that effect. I believe there are a few texts around the 1st without checking my notes. There was no inference drawn that would affect the testimony, imo.
B
Gold prospector says:

July 3, 2015 at 3:54 pm

This blog can be intimidating because of all you smart people here, and after reading most if not all the comments from the early days to the present I recognize this is not a chit chatty kind of place. But I feel compelled to say that I am not just a taker here. I have followed this case for ever I know who what and where. I may someday be able to contribute also and not just pick brains. I live in San Diego very close to well everything and everyone . I lived for years in the Town next to Rancho Cucamonga and Victorville is a place we go dirt biking . My ex has a Hot Rod shop in Pomona and he and his friend our friend has had fabricating work done by Chase on their Hotrods. I am planning on going to the trial because I have family that lives near the courthouse. I often use humor in comments just because its my personality which I will try to refrain from because it doesn’t seem to work here. I am a professional business person who just has little or no education in Law and forensic whatever it is you do but I am so interested that I am willing to show that just to be part of this blog/ PS I have found gold in Victorville that is my real love but not my profession. I know people at Kleen where Chase was arrested / This does not need to be posted Blink but I think some background on your readers is a good thing I hope you agree

GP- I found your post respectful and- well, accurate as far as the critical thinkers go- they are in abundance here I am proud to say but readers and posters differ by case, just fyi. It is also pretty serious to the subject matter but we can be light as appropriate as well. I began covering this case through many hours of interviews and analysis of case sensitive material (pro bono- I do NOT have a pecuniary interest in this case) and Merritt was an easy suspect- My analysis repeatedly pointed to Merritt. In particular, I believe it was Merritt that searched the computer on the 28th for the passport information for children traveling to Mexico as an example. There’s more. There are more accounts and more cell phone studies that will inculpate another, imo.

B
Gold prospector says:

July 3, 2015 at 5:07 pm

Yes regarding your comment above about Mike and the date he last spoke to Joseph. I think you are right he did and has said it was the week before I might have let this slip my mind because I really am not a fan supporter or whatever you call someone that thinks he is an AOK guy. To me he is not a AOK guy. So need to keep my bias in check
Gold prospector says:

July 3, 2015 at 6:05 pm

I really would like read what your opinion of what is being told to the public that Chase was about to be fired for defaulting on a loan given to him by Joseph to pay a gambling dept. I have some serious issue with this.
1. Why would Joseph fire someone who owed him money when he could have been repaid with labor on future and seems already established contracts for fountains. Said by a person that is and its documented an Abuser, liar. thief, hacker and hacker of the worst kind by Patrick’s own words on blog radio with WS owner he said Dan and Joey’s spamming the public by the thousands on computers that kept him up all night humming. Would be taken as someone credible and I fear DK may rise to hero status by the time this thing is over/ The problem with intel that I might know is that it doesn’t mean squat because I don’t have a damn link LOL that was humor.

I will say this as politely as possible. Dan Kavanaugh is a highly impeachable witness. The EIP account until 2/1/2010 was strictly a GL. DK transactions on Joey’s accounts are well documented and he is no boy scout. He sold the company that he had no interest in- in the first place and there is more that I cannot discuss that will show that Kavanaugh would not be believed if her were telling folks water was wet. One of the major issues here is you have a gaggle of folks with pecuniary interests in the outcome of this case.
B
Gold prospector says:

July 3, 2015 at 6:09 pm

And also by his own emails sent Joseph threats that if he didn’t get what he thought he deserved he would bring financial failure and harm to his family /
Alli says:

July 4, 2015 at 11:40 am

Blink, regarding the information about the computer search for passports, do you know if SDSD directly found that information, or were they given this information by Dan Kavanaugh, a person who had access to Joseph’s computer?

A forensic search of the PC yielded that information, HOWEVER, as there was no info on same wrt what software of process was used by SDCSD I can’t speak to it’s validity.

B
Alli says:

July 4, 2015 at 11:40 am

By the way, Happy 4th to all!
Mom3.0 says:

July 4, 2015 at 5:19 pm

Re Blinks response-

Sorry for delay Hope my computer issues are fixed and Happy 4th to Ali and all of BOC

Blink wrote: to Mom3.0 June 27, 2015 at 2:12 pm

http://blinkoncrime.com/2014/11/07/mcstay-family-murders-charles-chase-merritt-arrested-in-the-murders-of-mcstay-family/comment-page-6/#comment-2245318

First let me say I believe Merritt is involved, and it is possible he acted alone. I do not believe he did, whatsoever, but I cannot exclude the possibility. This was a preliminary hearing of course- where no actual defense is going to present affirmative evidence- that’s proper.

I am still reeling at the presentation, not at the lack of the response- but let’s keep in mind, the prosecution bears this burden right now.

me-
Yes agreed and thanks for sharing yr thoughts.

You cont-

1. The emphasis on the 6 calls to Chase phone and clarification it was not Jarvis. That’s a salvo.

me-One call was said to be a bill collector- if I read right- Wasnt one call from Jarvis Blink?

2. Det stated there are no FBI reports in the case file. WAAA?
This agency had this case for 2 years, and assisted throughout. This is the lead agent. Corrects himself to say that Boles has a power point on specific cell activity. Notations in early search warrants expressly identify FBI as the agency that served warrants and used their lab. I say again, waa? You will notice the objection from the DA was “that it goes to discovery”. In my view, this may be the interpretation of how the DA could “hold back” discovery from the defense as we go into the expert witness area. It’s a Fed thing.

me- If Im understanding u correctly- I agree seems like sounds like a maneuver to successfully hold back…

3. There may be a typo, but at the end there is a check for $20,350. That is not addressed in the testimony, ever. If an error, than everyone missed it.

me Im confused on $- # ofchecks also

So far I have
Feb. 2 2010 – $2,495 check Charles Merritt
Feb. 5 2010 – $4,500 check Charles Merritt
Feb. 5 2010 – $1,650 to Metro Sheet Metal in Azusa, CA
Feb. 5 2010 – $250 to Metro Sheet Metal in Azusa, CA
Feb. 5 2010 – $2,350 to Charles Merritt
Feb. 8 2010 – $6,500 to Charles Merritt

Are these the back written checks or the paypal checks or ?

4. The phone call from Joey’s phone to CM occurs at 8:28PM. So wth is the DA asking about an 8:30 PM call? I do not get that unless it was an innocent error on BOTH the SA and the DA part. It’s true that a call that comes in 2010 on a powered off cell is not going to show on the bill- however, why tell Jarvis it never happened when it is unequivocally on Joey McStay’s call records. It happened. I do not like that a det attempts and successfully changes her testimony on inaccurate data.

me-This bothers me as well- in truth I have found from my own cell use/bills- sometimes short calls are not recorded as going thru when they did-
Heres where Im confused- if Merrit was “smart” enough to turn off his phone then why was it on and pinging at important times-
the jury will be led to believe this 8:28 8:30 call was made to supply alibi?-made by killer to his own phone from victims phone- but is so easily- proven unsound by killers own misstep? but if I read correctly… he then turns cell on and pings near burial site and answer a call from Jarvis on the 6th?

5. The sign in onto the Quickbooks account on 2/4 around noon is unclear as to who did it- it is intimated that it was Joey but is vague.

me-Agreed vague The QB stuff is weird still Chase never denied the check writing and said Joey had given him permission to do so… so yeah agree w/ yr later comment how does this go toward motive?

6. Keep in mind, the prelim is all about hearsay, and is permissible at prelim- it is not at trial.

me-I was not aware or had forgotten this so thanks- even so Blink I am not comfortable with what they have laid down so far- it reads like a really bad mystery or truecrime book- bent on portraying “easiest” most obvious killer

Suspect “sometimes” uses past tense – So what- the Mcstays were gone- possibly by their own decision- obvious to use past tense-”sometimes” when discussing someone “gone” but who “may” return or “may” not

Next the paint on bra strap- who cares- Summer had been painting- the drip is “most consistent” with her laying on side?(like unconscious) HUh- anyone who has took on a painting project and is as inexperienced as Summer and who has children underfoot- KNOWS paint sometimes ends up in the oddest places- in the oddest patterns- just from mishandling of brush or roller alone

Next just because items FROM the home/ the garage/ the car ended up in the graves Does not Automatically mean any or all Murders occurred in the home-
FI:
JM was tied up- with an extension cord- broken leg broken ribs- what this says to me is covering happened after incapacitation/ part of beating- tying up was needed- to incapacitate
The DNA which wasnt matched until 2014 why? Still- touch DNA alone could account for findings a sneeze a cough- lots of ways to get DNA on those items from just being in car or close to family

The money angle- being a thief or helping onesself to $ etc does not equal murder- otherwise many people in this sad tragedy are the “most likely” to have killed the Mcstays

7. I have been studying this case for a while, I have more than a few images of CM actually holding either a 3 lb sledgehammer, or what I own myself, which is a 3 lb rubber mallet.

me- interesting /// Lots of people have these
yeah Chase could have done it and probably did- but the evidence brought forth is not that convincing so far.. not for alone certainly IMO

8. There is no DNA or blood evidence in that home. Period. There is zero mention of any blood evidence on a single item of evidence. Joey was wrapped in a tan woven material and the only note is decomp fluid on it. Who has tested that for the presence of decomp fluid?

me- Correct Does not say- wasnt there a crack in a sink upstairs? IIRC but yeah no blood evidence

9. The verbiage that the graves were depressed and appeared something was dug up and put back? WTH is that inference.

me- Not sure- strange= and two different measurements of tire tracks- I took this as an animal had got to the site because part of Summers bra- the cup was outside the grave on a bush if I read correctly- Did person fix the grave again after predidation but missed left bra part etc out?

Another interesting thing noted in Summers grave was the “plug” to an extension cord… and you mentioned the same red tie being intermingled w/Summer as well

were they at one time connected by this tie or both much like Seabring and Tate- and the separation cut happened at grave site? Or were they once together in graves and were switched at later time might this be why the mention of disturbed graves revisit?? or..What?

10. None of Summer’s jewelry was recovered anywhere. Not glasses, not purse, not wallet.

me-Strange indeed – why remove – glasses might have broke and were thrown out- but jewelry and wallet- gifts to someone?

11. Joey’s ( wallet) is found in the closet of the MB, suitcases being filled, including one standing wide open in the bathroom.

me Yet no sign of foul play? Where is this mentioned Blink? I missed it was wallet empty ?

12. No damage or evidence inside the home to reflect a sledgehammer weilding animal capable of crushing the skulls and other parts of adults and babies. No physical evidence of any kind of a quad murder and I promise everyone no empiricals or literature could support that.

me- Totally agree as I am not even sure about the crack might be remembering a different case altogether….

13. And OMG- who misses the cells were recovered from the house? That doesn’t get a mention?

me-WAIT WHAT I missed this- link snippet pretty please ? That is big they were recovered from the home where when? what about the bridge ping?

Short list to start.B

Look forward to yr continuing list Blink

Also extending my condolences to the family and friends as they wait for the answers and justice
AJMO Peace

In the January 2015 SW releases it annotates 3 cell phones were located in the den- they match the models owned by Joey/Summer. In SA Boles testimony he gives an estimation of azimuth’s distance to be within about 2-5 mi from the cell towers. It does not appear that either Summer or Joey’s cell phones were moving after LE indicated at least Joey’s cell pings in a “direct manner” ( DuGall) into Fallbrook. The point is both phones are located in the den, where the computer that was accessed AFTER Merritt’s truck is seen leaving the home on CCTV. And the call to Merritt’s phone occurs at 8:28PM- again, pinging within that area, I believe I was told at one time from the tower directly behind the home.

I am aware of software that could distill that cell tower data- but I don’t know if that can be used on preserved records. Again- perhaps the hold out for trial.

The intimation that the bodies were not buried till the 6th, the access to Joey’s network on the 8th at a location of a TMOBILE store or a “former customer of EIP” on the 8th and no pings that he ever drove the trooper to San Ysidro?

I have seen an interview of Chase where something he said stuck with me- he said Joey had really bad allergies so he always kept a window open. That is complete bunk- everyone knows that people with bad allergies keep the windows shut. He was explaining (in my view) why he knew there was an open window to the house when he went there with Mike.

One fact I think is very telling is also that Summer and Joey’s last communication between them was at 5:47PM and Chase allegedly puts his phone into airport mode one minute later in Rancho. Nobody is going to convince me that is a coinky. Chase’s cell records are going to tell the story of who assisted him, imo.

I believe Merritt was involved, I do not believe he acted alone, and while I reserve the right to change my opinion based on direct evidence- I do not believe all 4 family members were killed in that home, and removed from it into Chase’s pickup and stashed somewhere for 2 days -all of which undetected by anyone.
B
GraceintheHills says:

July 5, 2015 at 12:48 pm

I wonder if LE spoke to the workers who replaced the floors and, in particular, the baseboards in the McStay home.. I have read about crime scenes where blood was found behind the baseboards after the perp cleaned the walls.

Blink, I believe it was mentioned in the transcripts or warrants that the five calls on the evening of the 4th were from Jarvis. It would not surprise me if Jarvis was an accessory and will be given immunity for her testimony about Merritt.

Mom, the wallet that was found was not the wallet Joey was using at the time of the crime. Joey’s wallet and Summer’s purse and their credit cards were not found. We do not know yet if Merritt used those cards. Merritt has said Joey allowed him access to QB accounts and credit cards, but I dont believe that for a second. LE doesn’t either.

Part of the red tie down was found tangled in the brush outside the graves. I don’t believe any of the tie down was found in Summer’s grave. What was found in the grave was “terry cloth-like” material that could suggest she was either wearing her robe or that a bath mat was thrown over her. Aside from one towel with imprinted flowers and Joey Jr.’s cozy towel that were found in the graves, there were no other towels found in the home. None.

Shop towels were found in the garage and in at least one of the the graves.

It is interesting to me that not only was the futon missing, three of the futon pillows were missing as well.

Regarding Merritt being “smart enough” to turn off his phone and forget it was on at other times: all criminals make mistakes, especially when committing murders. That said, I don’t believe this defendant is very smart. If he was, he would have known that LE would be able to retrieve all the computer evidence that he tried so hard to destroy. If it was true that Joey allowed him in the QB account, why did he try to delete these accounts?

Joey wasn’t “tied up.” He had an electrical cord tied and knotted around his neck. I suspect he was not dying fast enough for Merritt so Merritt strangled him. The white female portion of the cord had been sliced off and was found at the gravesite. I think the cord was a weapon of opportunity.

The massive wound to Joey’s left parietal/occipital bones and the basilar fracture is an indication that the assailant was left handed and struck Joey from behind. It makes sense that Joey was incapacitated before any of the other family members were assaulted. It appears that Summer, at least one point in the attack, was facing her assailant hence the fractures of her jaw and frontal bones. She and Gianni (who sustained seven blows, at a minimum) were overkilled. This is just my opinion. We will never know exactly what happened unless the defendant tells us what happened that night.

JMHO. Merritt is presumed innocent until proven guilty.

Grace- from the transcript- it was not Jarvis:

Was that from a number identified to you as belonging to
17 Katherine Jarvis?
18 A This particular number, no. I don’t know who it belongs
19 to.
20 Q So, you didn’t receive an identification?
21 A Not for that particular number.
22 Q It’s all the same number?
23 A Five of the, five of the six incoming calls are from the
24 one number. And then there’s one phone call from a different
25 number.

The identification inside the wallet has not been released yet, but through a source I have been told it is Joey’s but expired- I cant confirm that independently.

I very respectfully disagree that the location of the fractures on Joey’s skull can be conclusively testified to- to come from a left handed individual. There are way too many variables to consider in that finding when one only has 45-ish bones of 4 people and keep in mind they are seeking 2 other instruments ( in search warrants).

I do owe you an apology about the 2 separate QB accounts- you were correct.

In the SW’s they also indicate they had no reason to disbelieve that Jarvis was aware of Merritt’s alleged pilfering of Joey’s accounts- However, as you are also very aware I am sure- these SW’s were written with the hindsight and knowledge that this was a high profile case. SBCSD has done a stellar job with what they were handed, imo. The only thing I am sure of right now, is that the State’s case has got to look a whole lot better than it does right now and that Merritt did not do this alone. I was appalled to learn that Merritt was recently very financially successful and the mother of his children and 2 of his kids are living in a 1986 camper on a property Ms. Jarvis is cleaning so she can use the bathrooms.

I don’t usually stoop to such dialogue- but I will make an exception- Merritt is a POS.
B
GraceintheHills says:

July 5, 2015 at 10:21 pm

Blink, I am speaking only of the fracture pattern on Joey’s left lateral/posterior skull. The fact the blow resulted in a basilar fracture speaks to the tremendous force involved (we see a lot of basilar fractures in car accidents). This type of force is usually generated from an assailant using his dominant hand to strike the blow.

We probably have the same source regarding the wallet.

Questions to ponder:
Where were were the dogs that night?
When did he dig the graves?
Who did the computer search about children’s passports when traveling to Mexico?

I have read one theory that he was digging the graves and and burying the family midday on Feb. 6th in the rain. Not sure that makes sense. The site isn’t that far from I-15. Any thoughts?

Does anyone think these murders were planned in advance?

I agree that it is possible the totality of wounds inflicted can present a picture whereby an expert MAY be able to draw conclusions about the offender (we certainly know with reasonable certainty at least the sledgehammer was used) however, I don’t believe that theory would ever make it to a jury under rule 403.

If Summer had been painting around that time on 2/4 I presume the dogs were already outside, but Chase had been in the home the Sat before as a dinner guest and a frequent visitor so it would not be out of the realm that he just put them out-

I do not buy that those graves were dug on the 6th and I think the theory is silly- you can see 15 very clearly and the sites are adjacent to a streetlight ( maybe 50 yards away)

There is no theory that makes sense to me about why 2 graves ( if one believes there actually was a 3rd and I do) if one is going to bury all them within feet of each other unless it includes that this occurred in phases. I believe he had help, and I have yet to speak to another colleague in this work that does not- I hope Ramos is prepared to address the holes in their case I see- what makes me nervous that he can is that Merritt is pushing his rights to a speedy trial- that is not a great sign, imo.

One of the reasons I believe the murders were planned in advance is there is no reason for Merritt to believe that Joey would not discover him writing checks out of his accounts- I personally believe that not only did Joey discover that Merritt was stealing, but also that he was padding invoices and skimming from those- I believe Merritt made up the whole 500 fountain deal to keep “in” with Joey. I concluded long ago that deal was absolutely never real and the confluence of these things probably caused the last straw and Joey went to Rancho to get Chase’s key to the storage and fire him. There is evidence that another metal worker picked up work with Joey prior and after his disappearance.
B
B
GraceintheHills says:

July 6, 2015 at 11:02 am

Blink, great response. It does seem to me that the murders were inevitable once he created the “chase merritt” vendor on the QB account. There was no way that Joey wouldn’t discover it. This is what is so horrific about this case. This is a man that Joey trusted around his family. He never saw this coming.

Yes, the “theory” about him digging the graves in broad daylight seems ridiculous. Depending on the phase of the moon, there can be so much moonlight in the desert that you don’t even need any artificial light.

I agree about the keys. I think Joey went to confront and sever ties with Merritt.

I seriously doubt Merritt’s attorneys will be ready to go to trial this year, but it could happen.

What is rule 403? Is it part of the penal code in California?
GraceintheHills says:

July 6, 2015 at 11:22 am

Blink, I found 403 regarding the exclusion of relevant evidence. Not sure the prosecution will elicit this testimony from the forensic pathologist. If they do, I don’t think it will be excluded under this rule. JMHO.
Alli says:

July 6, 2015 at 4:53 pm

Blink, in a preliminary hearing the DA presents enough evidence to move a case to trial. Do you know if the most compelling evidence is presented, or do they hold that evidence until trial?

This is a capital quadruple murder case. While it is true that the State is tasked to show just enough to bind the case over- one had to know that with a defendant exercising his right to a speedy trial from the beginning, who initially attempted to represent himself- the full discovery is lacking, imo.
B
Gold prospector says:

July 7, 2015 at 2:17 pm

http://www.cbsnews.com/news/prosecutors-begin-presenting-evidence-in-mcstay-murder-case/

https://www.google.com/maps/search/Gas+line+road+victorv/@34.5611555,-117.3299054,487m/data=!3m2!1e3!4b1

http://www.wunderground.com/history/airport/KVCV/2010/2/6/DailyHistory.html?req_city=Victorville&req_state=CA&req_statename=&reqdb.zip=92392&reqdb.magic=1&reqdb.wmo=99999

Detective Jose Armando Avila testified that two sets of tire tracks were found at the graves where the McStay’s remains were discovered. They appeared to have been from two separate vehicles that had backed up to the graves from Gas Line Road.

“They appeared to have been there for some time and were eroded,” Avila said of the tire tracks.

Bachman testified that footage from a neighbor’s video surveillance camera showed a vehicle leaving the McStay home on Feb. 4, 2010 that matched the pickup truck Merritt was driving at the time, but was subsequently repossessed

Why did they even bring those tracks up ? All links are here including the weather .

So I guess Chase while maneuvering 2 vehicles backwards from Gas Line road that runs East and West went 2 miles north in the rain and mud, 4 decomposing bodies in the back of his 1999 2 drive not 4dr Chevy 3500 truck and found a good spot to bury them, next to one of the main flood control washes flowing with water taking incoming, outgoing phone calls. My point is that if they need the family to be buried on the 6th to match the phone pings IMAO I think they could have accomplished this without the tracks. All they would say is that we think they were buried on the 6th when Chases phone was pinging off a tower near by. Look what a mess those tracks did. followed 2 sets of tracks to a road far away bla bla .. Stupid. The truth is they don’t know when the family was buried how can they. And why are there no LRP’s which happens to be one subject I am learned. They are everywhere stationary and mobile and data kept for 2 years. Instant data on everyone who drove a truck but noooo.. And that video ..OMG Urban legend at this point. Kenny Aranda in the Tim Miller video filmed early March said that he talked to a neighbor the day before and she said she saw a white truck that night.. Bull ony . The neighbor wasn’t even alerted to the family missing until weeks later but she does remember seeing a white truck that cold misty night back on Feb 4th.. um k
Gold prospector says:

July 7, 2015 at 2:26 pm

OMG and I forgot about my favorite quote made at the pre hearing. When we went to look at Merritt’s truck now that the family was discovered we found out that it was repossessed … And to this I say ” What the heck is going on here. You are Detectives do what detectives do.. Track it down ” Look how fast they got info on the Trooper it was like minutes… Oh when we went back to Chic fe lay we couldn’t find anyone who worked that day… Drive me nuts
Mom3.0 says:

July 7, 2015 at 3:03 pm

Thanks for he response Blink-

The interview you heard with Merrit citing allergies was one with CNN I saw it too and agree that is kinda strange unless the “allergy” he was speaking to, was to paint smell and it was more of a discomfort rather than allergy…

With the discussion of late I attempted to go back as all of this is rather confusing-

I hadnt read the January 2015 SW releases that annotates 3 cell phones were located in the den- they match the models owned by Joey/Summer- I was unable to locate them now- can you direct me?

The reason I ask is because I reviewed the warrant links and im not sure how updated they are or how thorough…they are very confusing… and contradictory (more on this later)

But On pg 266 it reads : the cellular phones for Summer and joseph Mcstay were google cellular phones and they were never recovered

On several pages including pg 208 it reads:
Neither Joseph or Summers wallet or purse were ever located after their disappearance Their credit cards and other personal effects in their wallet and purse remain outstanding to date

http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

…. outstanding To date? when was this written and has it since changed? or were the docs you reviewed about discovering the cells in den and recovering Josephs wallet more thorough more recent more accurate?

Part 2

AJMo Peace
Mom3.0 says:

July 7, 2015 at 3:59 pm

Ok as I said these documents and the testimony at the Pre. hearing are confusing and in certain instances appear contradictory-

Please bare w/ me and Correct my thinking if faulty TIA

To Grace thanks for weighing in and Blink thanks for expounding-

About the “unknown” calls from numbers
I think we all may be discussing different calls to different numbers to different phones at different dates.

Im not entirely sure which set of 6calls were being discussed in testimony that werent Jarvis provided in yr snip Blink:
Was that from a number identified to you as belonging to
17 Katherine Jarvis?
18 A This particular number, no. I don’t know who it belongs
19 to.
20 Q So, you didn’t receive an identification?
21 A Not for that particular number.
22 Q It’s all the same number?
23 A Five of the, five of the six incoming calls are from the
24 one number. And then there’s one phone call from a different
25 number.
end

In the link:
http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

It reads:
pg 28 305

I received telephone records or(909)374-010 2and sent the telephone
Records to L.A.ClearHemisphere to have the records plotted to analyze the Merritt’s
Whereabouts during the time of the Mcstay family disappearance. Through examining
Telephone records I learned the Merritt was in a position to access the cellular telephone
Tower northeast of the Mcstay family gravesite on February 6 1h,2010, two days after
The family disappeared. Merritt made six telephone calls while in the area between
1046 hours and 1330 hours.
Four of the six calls the Merritt made were to(909)226-1197,
A number owned by AT&TICingularWireless.
I believe the phone records for(909)226-1197 and cell site information for the Time frame around the disappearance will assist with detennining Merritt’s And the owner of the cell phone’s location at the time the McStay’s were murdered.
end snip

In reviewing BOC w/# info I recovered A post By Sierra which seems to establish # associated w/ Merrit…Jarvis by default? :

** by me
Merritt 1 -
1/30/2010 12:45 PM Ontario, CA Ontario, CA CA **909-226-1197** Text Outgoing 1
snip From:

http://blinkoncrime.com/2013/11/20/mcstay-family-murdered-will-desert-graves-yield-their-killers/comment-page-11/#comment-2212666

But then in warrant Link on Pg 36 of 305
http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

The # sited on this page for search warrant is different, paragraph reads the same as above except for corrections to some misspelling such as the word “determining” and # is (909)374-8951

This # has been discussed elsewhere as being Jarvis number… but it seems all were under Merrits name…or not? Who was where when? confused

The later testimony seems to be discussing Feb six dates and azimuths- for these numbers or maybe not… confused

Thoughts?
AJMO Peace

Unless there was an error at the prelim- we ARE talking about 2 different dates. I am specifically referring to the Feb 4th calls, and according to the prelim ( although I admit somewhat vague) that was not a phone registered to Jarvis- and her phone, Merritt’s phone and their oldest daughter’s phones are all registered under her name.

B
Mom3.0 says:

July 7, 2015 at 4:50 pm

I am Bothered by the burial sites and all info that has come forth-

Its all confusing to me.
Summer had no shirt

Given that part of her bra was found on Shrub outside of grave – it may be that at one time summer was clothed-

one child was buried w/different parent?

Joseph Jr- was found outside of grave according to testimony partial skull was found 2 rib bones and other fragment rib bones- was this the 45 bones discussed in meandering confusing testimony…or was it in relation to all recovered remains IDK

The reason I wonder is because:

21 At some point we found the skull of a small child, which then we
22 discovered the entire skeletal system of the child, the bones.
23 Basically his bones.
24 Q And where in grave B was that located at?
25 A Grave B was the southernmost grave.
26 Q And within the grave, was it scattered amongst the entire
27 site of the grave, or any particular location within the grave?
28 A Well, the small child was pretty much together, contained
13
1 within the, I would say the bottom half of the grave.

end snip
red tie was found wrapped around Joseph sr- electrical cord under covering- no other items beside clothing found in his grave it seems

yet red tie sun bleached was found near right bra cup and socket was found outside of grave also according to testimony

Were you familiar with some items that
3 were found near grave B but not contained within the grave?
4 A Yes.
5 Q Can you — do you recall what, specifically, you were
6 made aware of or observed?
7 A There was another right cup or a piece of bra that was
8 stuck to a greasewood, that was black in color. We recovered
9 that. Red straps, like a tie-down strap that was faded.
10 Q What do you mean by a tie-down strap?
11 A If you ever transport something in a truck, you usually
12 tie it down with a ratchet strap.
13 Q So, a ratcheting-type tie-down strap, as opposed to just
14 a piece of rope that you would tie something down with?
15 A Correct. It appeared to be faded at the time. And there
16 was a female extension cord socket. It was white in color.
17 Q Just the socket part, or more of the extension cord
18 itself?
19 A It appeared if it had been cut off of an extension cord,
20 just the female socket part.
21 Q Anything else?
22 A I believe a beer bottle, or a beer can.
23 Q Find any other white towel-like material outside the
24 grave?
25 A Yes.
26 Q Where was that located?
27 A I think they were located north of the grave.

–

So red tie and electric cord socket and white towel recovered outside north of Summers grave-

So was little guy in Fathers grave or mothers grave- were both graves disturbed- or just Moms?

Thinking…not sure exactly what Im thinking or if this all means anything but IMO somethings not fitting….

AJMO
Peace

If we add in the commentary about both graves being depressed and “looked like” something was dug up and put back in” in addition to animal activity- I don’t think anyone can say for certain.
B
Sovakned says:

July 9, 2015 at 2:42 pm

I dion’t recall the part about bones found outside the grave? If an animal were to get at the body wouldn’t it be obvious? Were the graves disturbed in any way?
GraceintheHills says:

July 10, 2015 at 1:45 am

Mom3.0,

In grave B, were Summer’s and Gianni’s remains. Gianni’s skeletal remains were intact in the bottom of the grave. Also found in grave B were a diaper and child’s pants. Adult size “small” sweat pants, a black bra, and some terry cloth material consistent with a bath robe or bath mat was found inside of the grave, and outside. No shirt was found in or outside of the graves.

In grave A, Joey was found with a white extension cord wrapped and knotted around his neck, his remains wrapped in a cloth and secured with red tie-downs. Investigators believe little Joey, Jr. initially was buried with his dad.

Little Joey, Jr.’s partial skeletal remains were found scattered outside the graves due to animal activity. Outside of the graves, 45 bones and bone fragments, bleached white by exposure to the elements. were retrieved by the coroner’s investigator and the forensic anthropologist.
GraceintheHills says:

July 10, 2015 at 10:47 am

Oops, I meant “recovered” by the coroner’s investigator, not retrieved…
C. says:

July 13, 2015 at 6:09 pm

BOC , You wrote:
I have seen an interview of Chase where something he said stuck with me- he said Joey had really bad allergies so he always kept a window open. That is complete bunk- everyone knows that people with bad allergies keep the windows shut. He was explaining (in my view) why he knew there was an open window to the house when he went there with Mike.

Patrick McStay has confirmed in an interview with CNN that Joey did indeed always leave a window cracked open.
When he stayed with Joey for 3 months he witnessed him doing it.
Patrick said Joey did always do this because he believed it somehow helped with his allergies.

Chase Merritt knew that Joey did have this window open due to his
visits to the home.

C.
Welcome to BOC. Do you have a link to support your comments please? When are you stating Patrick lived with Joey for 3 months and witnessed ( in your words) him leaving a window open, if that is what you are stating?

B

I myself was told when having a large window AC unit installed to leave one window cracked open upstairs.
C. says:

July 14, 2015 at 2:07 am

Hi, I have posted here a few times before.Patrick told me this about the open window personally when I asked him about it and he said it as well one of the the CNN Special Reports.
Patrick told me he stayed with Joey and Summer for 3 months and also told Randi Kaye the same thing. He clearly stated Joey had a habit of leaving a window open.

Got it- thanks. I stand corrected on the open window thing- I have allergies and my daughter has them terribly and in the Summer we have to keep everything pretty shut so the air filter system does it’s thing.
B
Survivor says:

July 14, 2015 at 9:26 am

He’s perfectly fine, thanks for asking.
B
Survivor says:

July 14, 2015 at 9:37 am

Related to Summer’s clothing –

When my kiddos were small, it wasn’t uncommon to bathe them while in a bra/tank and shorts or sweats and put on a robe before getting them out of the tub. It kept me from wetting clothes during bath time and the robe was meant to get wet while they were getting out of the tub to dry. Given the time of day on the 4th, I feel like it is possible she was dressed in bra, robe & sweats – maybe bath time was interrupted or had completed.
Gold prospector says:

July 14, 2015 at 2:00 pm

Could the reason Chase has not been charged with any financial crimes is because the star witness Dan Kavanaugh and grieving brother Mike would have to have charges for the exact same crime ? And this is something that Sean D does not want the jury privy to. Blink do you still think that the family was killed at the gravesite ? I was on board with you but wondered if you with new info have changed your mindset. This really wouldn’t fit into the day they say Chase buried the bodies on the 6th because where were they on the 5th when Chase in San Fernando.

I would not be surprised to learn ( as I have said previously) that Merritt has not been charged from the fraud perspective because it is absolutely an affirmative defense to Merritt when he is one of a HANDFUL of folks pilfering from Joey and Summer’s assets. I simply do not believe that the prosecution can ultimately prove that Merritt “stole” or “committed fraud” without Joey or Summer available to impeach or rebutt his version when I believe some of the evidence will show that Joey did allow Chase a level of autonomy ( at least for a time) to assign invoices, etc. In short, while I personally believe that Chase bilked the McStay’s of course- I also believe if a jury finds that notion defensible- then they will discount it as a motive. I don’t know that I have ever said that I feel confident the family was killed at the gravesite- and I don’t believe there is enough evidence to conclude that now- however, I do not believe all 4 victims were killed at the home, I am not convinced Joey ever made it home from the lunch, and I think there are more than a few scenarios that could be the key- none of which allow for Merritt to have acted alone, imo.

That said- to present at a prelim the intimation that the bodies were buried on the 6th is one thing- in front of a seated jury is another matter entirely.

B
B
GraceintheHills says:

July 14, 2015 at 3:42 pm

Survivor, I agree. I think it is *possible* that Summer was bathing both boys upstairs when Joey was attacked downstairs. I think by the time she realized something was going on, CM was already in the bathroom doorway.

Cleaning up the bathroom would not be that difficult.

Blink and all: what do you think of the timeline on the night of Feb. 4? It appears the defendant had a very small window of opportunity.

Grace- I do agree that I have heard that Summer bathing the boys is the leading theory- however, if we use even the very basic elements of the autopsy protocol that are known, in my view Newton’s 3rd law renders that theory impossible. The exertion of force used on the victims and their proximity within the bathroom/tub as well as at least two other instruments allegedly being used lead me to believe it would be almost impossible for those attacks to occur in such a confined area without yielding any damage to the tub, floor, sinks, shower door ( if they bathed in their bathroom which I believe was where a sleeper and diaper was found on the floor). Add-in the fact that the blood spatter patterns and cast off for such injuries would likely be on just about every surface/ceiling/tile. The ONLY thing removed from the home during the Aug 2014 search warrant was a small piece of carpet from the steps. One can assume from that they did not find any physical evidence that these murders occurred in the home. The current owners ( according to the warrants did not replace anything in the upstairs bathrooms, and I have analyzed images and video footage taken PRIOR to the house being processed (FBI with green truck in driveway) and there is absolutely no damage indicative of an attack of this kind occurring anywhere in this home. Joey had a complete fracture of his tibia- at 5’9″ 200 lbs, I have to believe this may be indicative of a struggle or fighting his attacker and once again- if we believe that occurs downstairs- wouldn’t it be safe to assume that he was screaming and that melee would have been heard, resulting in Summer moving to lock the doors upstairs, move toward a phone, whereby their attacker would certainly have to break a door?

Possibly run downstairs to see what was going on- but the scene itself does not even lend to the theory of multiple attack scenes within the home. Someone is about to make eggs- the popcorn bowls on the couch on top of the futon whose cover is now already missing. Summer’s prescription eyeglasses (sun) on the counter but no purse. Shoes are kicked off next to the front door entrance inside the home.

And so then- even if we buy there are 4 blood soaked and bleeding corpses at varying locations both up and downstairs- how are we getting them out of the house, once again, without leaving a solitary trace of a crime? Not just that- one can presume the offender is ALSO covered in blood (and as I recall on the 17th had a fresh hand wound) Merritt’s pick up was parked in the driveway, the garage was jammed with tons of their belongings- the automatic opener had a light. None of the gravesites contained garbage bags or any sort of implement that might conceal them and keep them from transferring blood, or any other bio materials consistent with what would have to have been ( to your point) an attack that takes place at the very longest by my estimation about 42ish minutes and ends with Merritt’s pick up pulling out minutes before there is additional activity on the McStay home computer. We know from Chase’s phone records (presumably) that he did not return that evening as well as the fact that nobody else returned to the McStay driveway or it would have been caught on CCTV.

There is 1.19 inches of rain falling beginning around midnight 2/6/10 and throughout the day during the times LE indicates Merritt’s phone is pinging within the circumference of the 2-5 mi azimuth. Nobody will ever convince me he is digging 2 graves by hand ( or 3- I am still convinced that the suspected 3rd is relevant) in the pouring rain in the middle of the day within visual proximity of every driver traveling down 15 and getting off that Stoddard Wells exit or the intersecting roads. I do think it possible that he was sticking close to the Apple Valley/Hesperia area to see if the graves might flood and “unearth”. According to what we know about his cell records he is nowhere near Fallbrook again until after the 6th.

So…. my dots that are not connecting as to timeline mean that under the theory this is a one man “job” that occurs at the home- by my estimation if the theory is that Merritt left RC at 5:48PM he butchers 4 family members and removes any trace of same, removes their bodies in full view of the neighbors to the right as well as adjacent and across the street, then for some reason we don’t know, parks his truck somewhere else (containing 4 dead bodies in an open bed) and heads back in on foot to access the computer and although Joey’s phone pings from Fallbrook during the 8:28 PM one minute call to Chase’s phone- which, btw, is found in the den as is Summer’s (first floor) (further note: the warrants suggest Joey’s phone was used at the Tmobile or former EIP client location when Merritts also pings in Fallbrook.

My training, education and experience tells me there is no way this can all be true, nor can it be proven as presented, imo.
B

So my question is-

We also know that SA Boles testified that Merritt’s phone pings at 5:48PM in RC- whereby he then is *out of range* phone is off or switched manually to airplane mode one minute after the last texts between Summer and Joey at 5:47PM we know are pinging off the tower behind their home. The sun set at 5:22PM on Feb 4th 2010. It is about one hour 12 minutes or so drive from RC to Fallbrook and that is WITHOUT rush hour traffic. It would have been dark by the time Chase got to the Avocado Lane home so why wouldn’t the CCTV pick up his arrival as well?
Ode says:

July 15, 2015 at 1:42 pm

Blink says “an attack that takes place at the very longest by my estimation about 42ish minutes and ends with Merritt’s pick up pulling out minutes before there is additional activity on the McStay home computer.”
******
Ok, brakes screeching, someone “physically” was on the home computer after the truck pulls out of the driveway? How is that going to be explained? Could Merritt have taken only 3 victims and left one at the residence to do something on the computer? If Merritt had already injured and tied up Joey before Joey was able to come home he would then only have Summer and the 2 boys to control at the house. Blitz attack at the house grabs the 2 boys, shows Summer that Joey is physically in trouble and instructs her to do something on the computer while he drives away with her husband and children and comes back later and kills Summer. Has it been said what the activity was on the home computer? Could the activity have been done remotely? 2 attackers would make more sense.

Yes, that is correct. Specifically the desktop which is located in the den, and was where both cells (3) were located. The activity was that Joey’s QB account was accessed directly from that computer, a check was created for $4K to “charlesmerritt” then deleted and not printed in a span of time 11 minutes after Merritt leaves ( or his truck). Access is 7:59-8:05PM- call from Joey’s phone at 8:28 to Merritt. One of the other reasons I do not believe Joey made it home is that there was no QB activity by Chase from the 2nd ( cashed check) and again until the eve of the 4th. It is my personal opinion that Joey may have changed the password once he found out and so whoever is logging in at the house, may have been checking they were given the right one- It would be maintained in his activity log so LE knows the answer to that already. All Chase’s alleged activity was remote previously as the access to Joey’s server was ( I think on the 8th or 9th) The server issue is vague so far. I know he had VOIP as well.

In my view you can’t be in 2 places at once when both are recorded obviously, and I cannot find a single quad homicide with even close to the specs as this where it was accomplished by one person in that timeframe without evidence of any kind. I know that intimation is that Chase went back at some point and cleaned it up- I find that silly and it does not match his cell records.
B
GraceintheHills says:

July 16, 2015 at 9:47 am

Unless Merritt speaks, we will never know what took place in the home. I believe there were at least two areas that the family members were attacked in the home because I cannot see Merritt attacking both parents at the same time. There would have been screaming and the neighbors would have heard it at that time of night. If there were sounds of violence coming from inside the house and Bear would have been agitated.

Both of those scenes had to take place in an area that was not carpeted, in my opinion. It is extremely difficult to get blood out of carpet especially in that time frame. Blood on carpet (even if attempt was made to clean up) would have been easy to spot in a walk through.

I am going to
disagree in that you are saying two different things- you are theorizing that it must have occurred in an uncarpeted environment, however that would increase the sound volume acoustically by almost double and according to Patrick ( I checked my notes, he absolutely did say they always kept a window open) even if the dogs were put outside, I think we would have to agree such an attack would be heard regardless- to my knowledge, not one neighbor recalls hearing anything of the kind- they DO indicate the dogs were barking outside they believed as early as the evening of the 4th.

So, in the non-carpeted category that would leave only the kitchen, Family room, upstairs baths (2) and part of the front entrance foyer- all of which has carpeted hallways.

I agree it is possible we may never know, but I strongly believe there is another individual involved that will come to light, and that evidence may lead to another crime scene altogether.
B
GraceintheHills says:

July 16, 2015 at 9:49 am

I believe the eggs and coffee were staged to make it appear that the McStays were not killed the night of the 4th and were awake the morning of the 5th. The 8:28 call Merritt made from the house to his own phone is consistent with all the other staging that went on. JMHO.
GraceintheHills says:

July 16, 2015 at 10:03 am

Blink, Merritt’s phone is turned off or in airplane mode for considerable lengths of time in the four days after the crime. I believe the prosecution will show that Merritt had no pattern consistent with being off the grid, so to speak, until The evening of the murders and for a few days thereafter.

He had 2 phones according to Jarvis and she herself many times he goes off the grid to gamble sometimes even for days. While I agree that info may be subject to exclusion motions, it can’t be used as a consciousness of guilt argument- who would testify to that- there just isn’t enough definitive data.
B
GraceintheHills says:

July 17, 2015 at 10:17 am

CJ didn’t say he went off the grid; she said he would sometimes disappear for days to go gambling. She said she didn’t usually have trouble locating him by phone. His cell records will answer the question.

I just do not think Merritt would have been able to clean that much carpet. He would have had to cut out sections of the carpet and the pad underneath and replace them both for it to to be not obvious on a walk through.

We agree, and not just a walk through- under the theory, he is all over that house after committing 4 brutal murders, absolutely covered in blood as well as the victims so how is he getting around without transferring anything on any carpeted surface or on A N Y surface?
Respectfully submitted- a crime scene of this nature is a biohazard clean up crew’s sincere challenge. No smell of cleaning products or remnants of same when Mike McStay/Merritt entered and iirc, Chase was alerting the family he could not contact Joey on the 8th- so the presumption must be that *if* he cleaned up he did so prior to that- which, does not match the cell records that we know of nor the Isuzu being parked in San Ysidro.

Here’s my thing-

In addition to the voids of evidence which would certify the home as a crime scene in the first place, How is he, on his own, getting those victims transported from the various sections of the house and into his vehicle , an open bed pick up, and leaving before the computer activity or call to his own phone. A span of around 42 minutes ( post murders and clean up under theory) goes by and a call to Chase’s phone from Joey’s pinging from the Bonsall tower at 8:28 PM.

No footwear impressions with transfer- not even in any vehicles? If those murders occurred in that home as suggested- Chase Merritt is not a biohazard specialist- I doubt highly he understands that the viscosity of the serum v platelets in blood absorbs and adheres entirely differently on different source material. It creates substantive odors, and as I understand it- there WERE cadaver dogs brought to the scene that did not alert.

“We” can call it staging all we want- but it still requires corroboration under the law to be admitted as “truth of the matter asserted.” There is “bandwidth” to theorize in opening arguments, however, it must have roots in the case in chief. The DA cannot make statements to the jury they do not intend to, or cannot prove. Where we have the presumption of innocence, the State bears all burden as the minister of justice here. That is why Mettias is filing the demurrer on jurisdictional grounds. In CA either SBCSD or if asserted, in the complaint, that the murders occurred in SDCSD jurisdiction has the ability to prosecute the case. Clerical errors on a criminal complaint can be amended without specific motion and Mettias knows this Judge will never dismiss the complaint, but he will have his brief and the prosecutions reply ( now required) on the record in pre trial and what Mettias is doing is strategic. It is very similar to the 4 corners rule for SW’s.

The DA keeps stating this was a missing persons investigation, and therefore the presumption and I would say inference during his interview was that the home was not processed originally for that reason- he (Ramos) went on to say that Merritt had plenty of time to clean up and that would be his defense. Bill Gore, the SDCS disagrees:

snipped:

“Trust me, our homicide detectives are very thorough and very experienced,” said Gore. “Had there been any signs of blood stain or blood spatter or dents in walls, those would have been discovered.” ( about 2:05 into the video here: http://www.nbcsandiego.com/news/local/-SD-County-Sheriff-Bill-Gore-Defends-His-Investigators-on-McStay-Case-282236811.html#ixzz3g6XrCIRY )

I get that many wish to take the prosecutions assertions at face value wrt the home being where the family was murdered, but to date, ( yes, I agree that we have only seen prelim case detail) I don’t think Merritt could sufficiently murder and clean up all trace evidence of 4 people bludgeoned and or (other injuries not yet disclosed) used 2 other instruments in any area of that house, period. I will acquiesce to some degree, doing so is more manageable on surfaces that would not absorb voluminous blood spatter from multiple trajectories.

Keep in mind also, woven throughout the SW releases in affidavits (again 4 corners rule on behalf of affiant and Judge) the detective himself states:…” Based upon my training and experience inflicting injury through blunt force trauma typically creates a large amount of blood stains and blood stain patterns within the crime scene. Investigators had not been
able to locate a crime scene.”

Further:
“…Based on my training and experience, criminals who commit murder will typically attempt to
clean the crime scene. Murder committed by blunt force trauma typically creates a large amount of blood stain splatter and cast off that could be on the ceiling of a room. One
of the attempted ways to clean a scene is to paint over the blood stains, though a correct
forensic processing of the crime scene would still show the blood stain, the blood stain would be invisible to the naked eye- the blood stain could also be detected years after it was painted over…”

Yet, the only thing removed from the residence following the execution of this warrant were DNA swabs and a carpet swatch from the steps. Had any of the forensic testing yielded evidence of the murders on any surface, it would have been removed from the home.

The DA is not going to be able to state with certainty those murders occurred in the home when in the same breath they have to admit their is no direct evidence of it, let alone any direct evidence tying Chase to it. I truly believe there is another person (s) involved and I am hopeful that the State is proceeding as they are so Chase does their work for them and implicates the individual. Lastly- I would add, it should be occurring to people that if Chase is guilty of these crimes, it is entirely likely that HE KNOWS where the murders occurred so he would be of the mind that the State could never prove that because they did not occur there- thus the demurrer.

ps. I can tell I am wearing you down on my theory it did not occur in the home
Gold prospector says:

July 17, 2015 at 3:20 pm

GraceintheHills. You think the eggs and coffee were staged to appear that the McStay’s were not killed on the 4th. I have always thought that it was a clue to when they were actually killed which would be the morning of the 5th. Why are we so sure that they were killed on the 4th ? Is it because of the neighbors security video ? Now after 4 years they say its Chase’s truck, without a LP number and other people who knew the McStay’s also driving white trucks really seems as crazy as the DA stating as fact that Chase owed 30k to Joseph to cover a gambling debt from the voice of reason Mr Dan Kavanaugh. Another subject.. Am I reading above that the phones were in the den of the home ? That is what I thought after the hearing but now in the Warrants they are saying that both Joseph and Summer’s Google phones have never been recovered along with Joseph’s wallet and Summer’s purse/ wallet/ Which is it ? crazy case

If the warrants (recent) suggested that the phones were never found that is incorrect. There were recovered from the den on 2/23/10. It is possible that the affiant was not aware of that when seeking their warrant. There was no transfer chain of custody paperwork from the FBI in any of the SW releases however and the lead investigator said he never read a report ( outside of Boles PP) generated by the Fed agency who had this case for 2 years. I fear that is going to be a major issue- hopefully not. DK pulled $2K out of Joey’s paypal on 2/6/10, ostensibly before anyone knew the family was missing.
B
Gold prospector says:

July 17, 2015 at 3:28 pm

There is no way for Chase to get the burial site without crossing the wash that was only feet away. This is a main drainage wash from the mountains to the west. This wash was either at full blown flood release mode or at the least a soft muddy mess to get across. Why would he choose this spot ?

There is no way he is concealing 4 decomposing corpses for 2 days without detection if the intimation is that he killed them on the 4th and buried them on the 6th in the largest rainfall the area had seen in some time.
B
LLC says:

July 18, 2015 at 6:35 pm

Hi Blink and Group. Blink, I want to first thank you for the professional and respectable blog. I enjoy very much reading your’s and other’s thoughts about this case and others as well. There is so much chaos and infighting on other blogs, and I really appreciate your professionalism and wanted you to know that!

I agree with you that Chase may be involved, but I worry that the actions of other players in this case will jeopardize a prosecution for any defendant. There are just far too many players with unsavory backgrounds. Do you hold the same worry?

Today I listened to the clip of Jonah McStay as he spoke about his testimony, and it reminded me that these are real people, and real lives that have been lost and effected. I pray that justice will be served for those lost little boys.

Thank you again for the professional tone that you set for your blog.

Welcome LLC- I have several concerns regarding the ability of the defense to raise reasonable doubt due to other individuals with similar motivation to what the State alleges was Chase Merritts. I do think he was involved, but I do not believe he acted alone and LE simply could not make a case against another OR someone has been granted immunity and will be a witness for the prosecution. That said, as I view the evidence thus far, I am hopeful that the prosecution takes their time between now and the trial to fill in the areas that I believe the jurors will question as to whether Merritt committed these murders as stated in their case in chief. Nobody wants a jury to be left with that question.
B
GraceintheHills says:

July 18, 2015 at 10:53 pm

GP, I am only throwing out theories, nothing more. We know little about this case, but the information that was presented at the prelim was compelling, imo. If you look what was found in the graves, and even more importantly what was not found, I can understand why LE has deduced they were killed in the home. SDCSD dropped the ball, in my opinion. They will never admit their mishandling of this case, so, of course they will say if there was any evidence the crime was committed in the home they would have processed the scene. The home should have been processed anyway. They referenced foul play in their SWs. There is just no excuse. And WTH was the FBI doing? Was LE soaking up too many rays at those beautiful La Jolla beaches?

The DA’s office has said they have direct and circumstantial evidence that will prove beyond a reasonable doubt that Charles Ray Merritt committed these murders. We will have to wait until trial to find out. I suspect (and hope) the puzzle pieces of this case will fall into place when we hear witness testimony at trial. We may even hear from witnesses who were unwittingly involved after the fact. I think Jarvis will testify for the prosecution. This is just my opinion.

Blink, I agree with much of what you wrote. I will write more later.

I know a bit about Bill Gore from my training under Dr. Pete Smerick and unfortunately it is not positive- he went against Smerick et al (FBI tactical hostage crisis) advice on approach to the Waco incident and we all know how that turned out. There were numerous errors made by SDCSD and it is true that SBCSD had the “benefit” of recovering the bodies to begin their investigation but I have read Patrick’s complaint re SDCSD and the board’s response and at the end of the day- he was entirely right- I could not believe Jan (PIO) told Randy Kaye that they still believed the McStay’s crossed into Mexico. As a general comment, I do so wish that when LE errs in their casework- that they admit it, discuss steps to rectify and move on. When they give the appearance that they are hiding something juries begin not to trust them in what would otherwise be seen as valid findings. It is a significant problem occurring between LE and prosecutors constantly. It caused a mistrial in a capital case I worked on as an analyst recently but I could cite at least 10 cases where errors are literally keeping cases open and/or unsolved. Sigh.

I have no earthly idea what the FBI was doing for the 2 years it had the case, I do know what it was not, which was working on it apparently- we all saw them marching electronics and bags of evidence out of the McStay home, processing the green truck- that activity absolutely generates field reports so I hope at some point there is a better explanation for the lead detective’s assertion he has never seen any.

I agree Jarvis will be a prosecution witness, but I don’t love that LE has stated the reason she changed her account ( and I would quibble with that verbiage based on the prelim testimony) is because LE told her that no 8:30PM call appears on Chase’s call detail so she could not have “looked at the phone and saw Joey’s number” ergo her confirmation of his alibis was bunk. There was a call at 8:28 PM from Joey’s phone to Merritt’s regardless and I still do not get why the DA was stuck on asking the questions of witnesses on the 8:30PM time frame in the first place- I believe that was intentional ( prolly to have the defense present affirmative evidence or to lay foundation as to her possible impeachment). Iirc, there was an active unlawful detainer against she and Chase just prior to Feb 2010, that ended up being dismissed- my take on that is that Chase came up with the cash ( we now know how). Jarvis was beginning a business with Chase ( metal working art) even in 2012.

The word is that Terrel is out, and Rajan Maline is in for the defense. What is striking about that is that Maline currently represents Jim Erwin- the former SBCSD Police Union President. That would be a guy intimately familiar with the personnel files of all SBCSD.
Mr. Maline commands quite the retainer I hear- so it should be very interesting to see how Merritt proceeds with his indigence filings. I look forward to your thoughts.
B
Rose says:

July 19, 2015 at 11:44 pm

reading back this page, you are all too smart for me, and I am too old.
My impressions sparked by yr comments:

wrt ” ( or 3- I am still convinced that the suspected 3rd is relevant) ”
Can we call the 3rd Kavanagh & be done?
—-
to be this strong, you must have a candidate:
“I strongly believe there is another individual involved that will come to light…”
—-
I do not think a compulsive gambler leading a disorganized life would singlehandedly stage anything requiring a detailed, complex planning ability.

Initially there was a 3rd grave ( suspected) that looked unearthed- it was later stated it was unrelated to the other two and that was the last anyone heard of it- I maintain with 2 graves that had various items unearthed nearby- how was it determined it had no relevance?

I don’t have another specific candidate, just that there is no way as stated one person could complete these acts in the crime scene and timeline offered by the State.

Agreed. It is an incongruent theory.
B
PaMom says:

July 20, 2015 at 11:41 pm

I think the family was taken at gunpoint and the person or persons who helped Merritt are long gone over the Mexican border. They probably used the McStay vehicle to get away. I hope there is justice for the McStay’s.
Lynne M. says:

July 21, 2015 at 10:55 am

PaMom – Respectfully, what did the accomplice gain by helping Merritt? In order for a person to help with the beating deaths of 2 toddlers and their parents there had to be something in it for them. I do think Merritt had an accomplice, however, I think it was an unwitting one after the fact, as in Jarvis. I don’t think there were 2 people bludgeoning the family.

Lynne- I only allow one name per poster and this has flagged you as having at least 3 when you posted here previously. I have this staunch rule because it allows the integrity and continuity of the fine posters here to create critical and reasonable discussion. I changed your “hat” back- but you will need to do that again when you post again.

There is way more things to consider when evaluating whether one or more persons simply bludgeoned a family- there are at least 3 instruments allegedly used, there are 4 people to contain, specifically while one or more of them is being murdered within feet of them if one follows the theory, one person gets them out, transports them even though there is no evidence Joey EVER made it home from RC ( his phone did), one person digs two graves in a downpour whilest the 15 traffic is buzzing by- This preliminary information needs to be presented to a jury reasonably- because if one distills it strictly down to “means, motive, and opportunity- there is nothing BUT reasonable doubt as conveyed so far.
The only unwitting accomplice there could possibly be is one either helped him take money via subterfuge, or say possible cover up before they knew it was a crime- but if I am going strictly from the SW’s and prelim testimony- there is no such smoking gun here in this case- and that is a quote from Sgt Fischer himself.
B
PaMom says:

July 21, 2015 at 11:49 pm

Bad people do horrid things for drugs and money. I think Merritt did all of the killings and had help burying the bodies. I believe it was a crime of passion when he killed Joey. He was probably being fired. Blink is pretty insightful regarding details that I didn’t even consider. Joey may have never made it back to the house. Summer may have been in the bathroom when Merritt attacked her. He may have rendered her unconscious first before he beat and killed her, again a crime of passion. He probably blamed her for the trouble with Joey. Perhaps she was rolled in the futon cushion to get her out of the house without being seen.

I don’t want to guess where or how he killed those little fellows, but I don’t think it was in the house. I won’t even go there. There has to be another crime scene. Could it be in the dessert? I hope they have an eye witness or some great evidence that will help solve this sad mystery.

I don’t know how compelling it is- but they do have a pen register/trap and trace recording in evidence which leads me to believe the State has a witness. None of the futon cushions are missing although it is alleged 3 pillows normally on the futon were.

It is my personal belief that Chase may have drugged Joey and incapacitated him on or about the time of the lunch meeting, took his phone and created a ruse to get Summer out of the house. I think Chase met Joey at the storage/workshop and he was attacked there, and the trooper hidden as well. I believe we will see cell and ping data for both Joey and Merritt under FRE 206.
B