McStay Family (footballers)
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The McStay family murders occurred on or near February 4, 2010, after the family disappeared from their home in
Fallbrook Fallbrook is a CDP in northern San Diego County, California. Fallbrook had a population of 30,534 at the 2010 census, up from 29,100 at the 2000 census. Fallbrook's downtown is not on a major highway route. It is west of Interstate 15 or n ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, United States; their bodies were found in the desert near
Victorville, California Victorville is a city in Victor Valley in San Bernardino County, California. Its population as of the 2020 census was 134,810. History In 1858, Aaron G. Lane came to what is now known as Victorville and founded a waystation called "Lane's Cro ...
, on November 13, 2013. Their disappearance was widely reported by the national news media. On November 7, 2014, police announced they had arrested Charles "Chase" Merritt, Joseph McStay's business partner, and intended to charge him with the murders. The trial began on January 7, 2019, in
San Bernardino San Bernardino (; Spanish language, Spanish for Bernardino of Siena, "Saint Bernardino") is a city and county seat of San Bernardino County, California, United States. Located in the Inland Empire region of Southern California, the city had a ...
. On June 10, 2019, a jury found Merritt guilty of murdering the McStay family. He was
sentenced to death Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
on January 21, 2020.


Background

In 2010, Joseph McStay (age 40) and his wife Summer (age 43) lived in
Fallbrook Fallbrook is a CDP in northern San Diego County, California. Fallbrook had a population of 30,534 at the 2010 census, up from 29,100 at the 2000 census. Fallbrook's downtown is not on a major highway route. It is west of Interstate 15 or n ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, with their sons Gianni (age 4) and Joseph Jr. (age 3). Joseph owned and operated Earth Inspired Products, a company that built decorative fountains, and Summer was a licensed real estate agent. Summer was born Virginia Lisa Aranda, and had also been known as Summer Martelli.


Disappearance

On February 4, 2010, at 7:47 pm, a neighbor's surveillance system captured the bottom eighteen inches of a vehicle, thought at the time to be the McStay family's 1996
Isuzu Trooper The Isuzu Trooper is a full-size SUV that was produced by the Japanese automaker Isuzu between 1981 and 2007. In the domestic Japanese market it was sold as the Isuzu Bighorn, the car was exported internationally mainly as a Trooper but it also ...
. In the surveillance recording, the vehicle's occupants could not be seen. At 8:28 pm, a call was placed from Joseph's cell phone to his business associate, Charles "Chase" Merritt, which went to voicemail. Merritt later told police that he ignored the voicemail because he was watching a movie. Joseph's cellphone pinged a tower in Fallbrook. Over the next several days, relatives of the McStays unsuccessfully tried to contact the family. On February 13, Joseph's brother Michael traveled to the McStay residence and climbed in and gained entry to the home upon finding an open window in the back. Michael did not find any family at home, and their two dogs were in the backyard. On February 15, Michael phoned the
San Diego County Sheriff's Department The San Diego County Sheriff's Department (SDSD), is the primary and largest law enforcement agency in San Diego County, California, and one of the largest sheriff's departments in the United States: with over 4,000 employees, an annual budget ...
(SDSD) and reported that his brother and his family were
missing Missing or The Missing may refer to: Film * ''Missing'' (1918 film), an American silent drama directed by James Young * ''Missing'' (1982 film), an American historical drama directed by Costa-Gavras * ''Missing'' (2007 film) (''Vermist''), a Bel ...
. Officers arrived at the home and requested a
search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
, executed on February 19, 2010. Although a search of the house found no evidence of a struggle or foul play, there were indications of a hasty departure: a carton of eggs had been left on the counter, and two child-size bowls of popcorn sat on a sofa. During their investigation, the police learned that around 11:00 pm on February 8, the family's Trooper had been towed from a
strip mall A strip mall, strip center or strip plaza is a type of shopping center common in North America where the stores are arranged in a row, with a sidewalk in front. Strip malls are typically developed as a unit and have large parking lots in front. ...
parking lot in
San Ysidro San Ysidro (Spanish for " St. Isidore", ) is a district of the City of San Diego, immediately north of the Mexico–United States border. It neighbors Otay Mesa West to the north, Otay Mesa to the east, and Nestor and the Tijuana River Valley t ...
,
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
, near the Mexican border. It was believed to have been parked there between 5:30 and 7:00 that evening. The car's location from February 4 to February 8 remains unknown.


Discovery of remains

On November 11, 2013, a dirt biker found four sets of human remains buried in two shallow graves in the desert near
Victorville, California Victorville is a city in Victor Valley in San Bernardino County, California. Its population as of the 2020 census was 134,810. History In 1858, Aaron G. Lane came to what is now known as Victorville and founded a waystation called "Lane's Cro ...
. Patrick McStay, Joseph's father, was informed of the discovery and phoned missing person advocate Jerrie Dean to tell her what he knew. Dean stated in her blog she had just finished producing a radio show for San Diego station
KNSJ KNSJ is a community radio station operating in the San Diego area on 89.1 MHz. It began airing on July 4, 2013. Content includes locally produced programs as well as news and information from the BBC and Pacifica Radio. Spanish-language programm ...
when she received the call, and that she asked whether she could tell her followers what he had told her. Two days later, two sets of remains were officially identified as those of Joseph and Summer McStay. The deaths were ruled a
homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
and
San Bernardino County San Bernardino County (), officially the County of San Bernardino, is a county located in the southern portion of the U.S. state of California, and is located within the Inland Empire area. As of the 2020 U.S. Census, the population was 2,181, ...
authorities said they believed the family died of
blunt force trauma Blunt trauma, also known as blunt force trauma or non-penetrating trauma, is physical traumas, and particularly in the elderly who fall. It is contrasted with penetrating trauma which occurs when an object pierces the skin and enters a tissue ...
inside their home, but declined to discuss specifics of the deaths or a motive.


Reaction and investigation

The circumstances surrounding the family's disappearance and the lack of clues about their whereabouts triggered speculation by amateur sleuths. Radio host Rick Baker published a book, ''No Goodbyes: The Mysterious Disappearance of the McStay Family''. Baker began following the case in 2013 after interviewing Michael McStay on his program. He conducted dozens of interviews on the case (traveling to Mexico, Belize, Haiti, and the Dominican Republic), followed leads, and reported sightings of the family. In the book, he speculated that Summer might have committed the murders. When the bodies were found, he offered a refund to those who purchased his book before November 2013. After their disappearance, it was speculated that the McStays left voluntarily since investigators found searches on the family's computers for "What documents do children need for traveling to Mexico?" and Spanish language lessons. Because their car was found so close to the Mexican border, police reviewed surveillance footage of the pedestrian gate into Mexico. Video recorded the evening of February 8, released on March 5, showed a family of four resembling the McStays crossing the border. On February 19, California police notified
Interpol The International Criminal Police Organization (ICPO; french: link=no, Organisation internationale de police criminelle), commonly known as Interpol ( , ), is an international organization that facilitates worldwide police cooperation and cri ...
to be on the lookout for the family. In April 2013, the San Diego Sheriff's Department announced that they believed that the McStays traveled to Mexico voluntarily. Unconfirmed family sightings were reported in Mexico and elsewhere, perpetuating hopes that they were safe and had left voluntarily. Relatives of the McStays doubted that they would travel to Mexico, saying that Joseph and Summer avoided the country because of the safety threat posed by recent drug wars. Other critics of the theory noted that the McStays had more than $100,000 in bank accounts, with no withdrawal of funds in preparation for a trip, and their accounts were untouched after their disappearance. Summer's sister stated that her
passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...
was expired. Investigators and the public also focused on Merritt, the last known person to have had contact with Joseph and the first to notice his disappearance. According to state records, Merritt had
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
convictions for
burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
and
receiving stolen property Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...
. His most recent felony conviction, in 2001, was for the theft of $32,000 worth of welding and drilling equipment from San Gabriel Valley Ornamental Iron Works in
Monrovia, California Monrovia is a city in the foothills of the San Gabriel Mountains in the San Gabriel Valley of Los Angeles County, California, United States. The population was 37,931 at the 2020 census. Monrovia has been used for filming TV shows, movies and co ...
. An acquaintance of Merritt's told a San Diego reporter, "I think police should look at him and anyone associated with him." In 2013, Merritt acknowledged he had spent more than an hour with Joseph the day the McStay family went missing. Merritt, who reportedly was the last person Joseph called from his cell phone, also said that he had passed a
polygraph test A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked an ...
and did not know anything that could help solve the mystery of the family's disappearance. When asked if he thought Merritt was a suspect, Joseph's father Patrick said, "I have to have faith in Chase because I have to have faith in my son. I believe that osephtrusted Chase and believed in Chase. Do I think Chase is involved? I don't think so, and I truly hope not." In January 2014, Merritt said that he might write a book about the family, alleging that Summer had anger issues and that Joseph had been ill for some time with a mysterious ailment. Joseph's family confirmed that he had an unexplained illness and that Summer was possessive of her husband, but they called Merritt's suggestion that she was responsible for his illness unfounded. Patrick said, "I truly believe she loved my son."


Arrest and trial

On November 5, 2014, detectives from the San Bernardino County Sheriff's Department arrested Merritt in connection with the deaths of the McStay family after discovering that his DNA had been recovered from their car. His arrest was announced on November 7, 2014. Merritt was charged with four counts of murder, and the district attorney sought the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. In July 2015, Merritt's
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
attorney filed a request to have the case dismissed because of the wording used by the
prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
when the charges were filed. According to the arrest warrant
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
s filed in the case,
autopsies An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...
concluded that all four victims had been beaten to death with a blunt object. Investigators believed the murder weapon was a 3-pound
sledgehammer A sledgehammer is a tool with a large, flat, often metal head, attached to a long handle. The long handle combined with a heavy head allows the sledgehammer to gather momentum during a swing and apply a large force compared to hammers designed t ...
, which was found in the grave containing the remains of Summer and her son. Investigators testified they believed the victims were tortured before they were killed. Prosecutors allege that Merritt had a
gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
problem and killed the McStay family for financial gain. They said that he wrote checks totaling more than $21,000 on Joseph's business account in the days after the family was killed and then went on a gambling spree at nearby
casino A casino is a facility for certain types of gambling. Casinos are often built near or combined with hotels, resorts, restaurants, retail shopping, cruise ships, and other tourist attractions. Some casinos are also known for hosting live entertai ...
s, where he lost thousands of dollars. Merritt's trial was delayed as he had repeatedly fired his attorneys or attempted to represent himself. By February 2016, he had gone through five attorneys. In January 2018, a trial-setting conference was scheduled for February 23. Merritt's attorney filed a motion in San Bernardino Superior Court on April 7, 2018, arguing that Joseph's business and accounting records were
hearsay evidence Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmi ...
and therefore inadmissible. On May 4, the case was scheduled to go to trial in July 2018. The trial finally began on January 7, 2019, in a San Bernardino court, with both sides making
opening statement An opening statement is generally the first occasion that the trier of fact (jury or judge) has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally constructed to serve as a "roa ...
s. On June 10, 2019, a San Bernardino County jury found Merritt guilty of murdering the McStay family.Charles Merritt Found Guilty Of Slaying McStay Family
CBS Los Angeles, June 10, 2019
On June 24, the jury recommended that Merritt be
sentenced to death Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. The court upheld the jury's recommendation, and Merritt was sentenced to death on January 21, 2020. On May 22, 2022, the case was looked at again on the
Investigation Discovery Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries owned by Warner Bros. Discovery. As of February 2015, approximately 86 million Ameri ...
docuseries ''Two Shallow Graves''. The show features new suspects, witnesses, evidence, and theories regarding the case, as well as the trial from both the defendant's and prosecutor's points of view.


See also

*
Capital punishment in California In the U.S. state of California, capital punishment is a legal penalty. However it is not allowed to be carried out because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Prior to the moratorium, executions w ...
*
Crime in California Crime in California refers to crime occurring within the U.S. state of California. State statistics In 2019, there were 1,096,668 crimes reported in California including 1,679 murders, 14,720 rapes and 915,197 property crimes. In 2019, there were ...
*
List of solved missing person cases Lists of solved missing person cases include: * List of solved missing person cases: pre-2000 * List of solved missing person cases: post-2000 See also * List of kidnappings * List of murder convictions without a body * List of people who dis ...
*
List of murdered American children This is a list of murdered American children that details notable murders among thousands of cases of subjects who were or are believed to have been under the age of 18 upon their deaths. Cases listed are stated to be unsolved, solved or pending ...
* List of death row inmates in California


References


External links


Missing McStay family killed, buried in desert, sheriff saysarchive
{{Authority control Family murders People murdered in California Mass murder in 2010 2010 murders in the United States 2010 in California People from Fallbrook, California Murdered American children Victorville, California February 2010 crimes in the United States