CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

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Tricia

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On Feb 4th, 2010 the McStay Family, Joey, Summer, Gianni, and Joseph Jr vanished from their home. It looked like the family simply got up and left their home never to return.

Law Enforcement was convinced that the McStay family ran away to Mexico.

Patrick McStay, Joey's father, along with other loved ones knew there was no way Joey and his family would never flee to Mexico. There was no reason for this scenario presented by law enforcement.

Up until the remains of the family were found buried in the desert on November 11, 2013, Patrick McStay searched for his son and his family.

Family friend Chase Merritt was arrested for the McStay family murders on Nov 7th, 2014 and finally, Merritt's first-degree murder trial is underway.

The McStay forum is in our private section. However, we are making the discussion of the trial public.

Link to prior threads
#1 CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010

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STOP personalizing posts. Timeouts will be forthcoming if this manner of posting continues.

Differences of opinion are to be expected and are allowed as long as the discussion remains civil and respectful. Looking at something from another angle is the foundation of this forum community. To expect members from all over the world and all walks of life to think the same is unrealistic.

If you don’t agree with a post, either scroll and roll or put the other member on ignore. Do not announce that you are placing someone on ignore- just do it.

Stick to the facts and use links to back up your assertions. If you see a problematic post, hit the alert/report button and move on.
 
Okay here is my next question...

In going through my screen shots, the attached one seems to be checks written by Joey for Chase. Am I correct with this assumption?

If so, isn’t it interesting Joey had to pay $400 for Jarvis’ car? I would have thought the prosecution would have pointed out just how bad Merritt’s finances were for him to need someone else to pay 400 for a car repair for their girlfriend. Maybe a missed opportunity for the prosecution?

ETA: I added another screenshot to help identify where the snip came from.
 

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Okay here is my next question...

In going through my screen shots, the attached one seems to be checks written by Joey for Chase. Am I correct with this assumption?

If so, isn’t it interesting Joey had to pay $400 for Jarvis’ car? I would have thought the prosecution would have pointed out just how bad Merritt’s finances were for him to need someone else to pay 400 for a car repair for their girlfriend. Maybe a missed opportunity for the prosecution?

ETA: I added another screenshot to help identify where the snip came from.
I think Joey supported Merritt and his family quite a bit. It's been said that Joey supported them when Merritt did his jail/prison stints and when they met up for meals Joey always picked up the tab.
 
Giving someone a signed cheque without the numbers filled in for them to complete is nowhere near "implied consent" for them to forge your signature

Legally the whole point is the signature

the signature consents to what is on the face of the cheque

it does not consent to what is on a different cheque with forged signature

Indeed that is the whole point of signatures on cheques
 
Okay here is my next question...

In going through my screen shots, the attached one seems to be checks written by Joey for Chase. Am I correct with this assumption?

If so, isn’t it interesting Joey had to pay $400 for Jarvis’ car? I would have thought the prosecution would have pointed out just how bad Merritt’s finances were for him to need someone else to pay 400 for a car repair for their girlfriend. Maybe a missed opportunity for the prosecution?

ETA: I added another screenshot to help identify where the snip came from.

This is why we should take Joey's 42K debt email at face value

It indicates where Joey felt the balance in the relationship was at.
 
Seriously implied consent cannot fly

There are no cheques prior to his death showing a course of dealing where Joey impliedly consented to having his signature forged - and the defendant has given no pre trial statement to that effect.

There is no possible way he can have impliedly consented after his death

So the only possibility is that he expressly authorised Chase to sign for him

But that will require

1. Testimony from Chase OR
2. An email or some other evidence of Joey's express intention
 
Okay here is my next question...

In going through my screen shots, the attached one seems to be checks written by Joey for Chase. Am I correct with this assumption?

If so, isn’t it interesting Joey had to pay $400 for Jarvis’ car? I would have thought the prosecution would have pointed out just how bad Merritt’s finances were for him to need someone else to pay 400 for a car repair for their girlfriend. Maybe a missed opportunity for the prosecution?

ETA: I added another screenshot to help identify where the snip came from.
When I was listening to Cathy's testimony I was struck by her answer to Maline when he asked if moving to the apartment in Rancho Cucamonga at the end of 2009 was an upgrade, after listing off all the amenities it had, such as pool and movie theatre. I thought she sounded sad when she said that the house they had had to leave at Filkins for financial reasons was where all her hopes and dreams had been for raising her children.

It seemed to me that Maline wanted to suggest to the jury with his question that this was a time of prosperity and improvement in standing for Merritt when in reality, given Cathy's answer, I think it was probably a time of strain and disappointment in their family lives and personal relationship. This view is further bolstered by learning he had been relegated to the couch.

I see Joey sometimes helped Cathy financially but I do speculate that Joey put his foot down at helping them to keep their home, especially if he knew about the money he was frittering away in casinos, and that this combined with seeing Joey looking to purchase a house in the exact same time-frame (probably around the summer of 2009) made Merritt really angry. I think he felt Joey's success was attributable to him and his custom fountains.

I can't fail to notice the timing of Joey becoming "sick" a couple of months before moving out of the apartment in San Clemente.

I think that's the reason Joey had to be buried, to prevent an autopsy.

All MOO
 
When I was listening to Cathy's testimony I was struck by her answer to Maline when he asked if moving to the apartment in Rancho Cucamonga at the end of 2009 was an upgrade, after listing off all the amenities it had, such as pool and movie theatre. I thought she sounded sad when she said that the house they had had to leave at Filkins for financial reasons was where all her hopes and dreams had been for raising her children.

It seemed to me that Maline wanted to suggest to the jury with his question that this was a time of prosperity and improvement in standing for Merritt when in reality, given Cathy's answer, I think it was probably a time of strain and disappointment in their family lives and personal relationship. This view is further bolstered by learning he had been relegated to the couch.

I see Joey sometimes helped Cathy financially but I do speculate that Joey put his foot down at helping them to keep their home, especially if he knew about the money he was frittering away in casinos, and that this combined with seeing Joey looking to purchase a house in the exact same time-frame (probably around the summer of 2009) made Merritt really angry. I think he felt Joey's success was attributable to him and his custom fountains.

I can't fail to notice the timing of Joey becoming "sick" a couple of months before moving out of the apartment in San Clemente.

I think that's the reason Joey had to be buried, to prevent an autopsy.

All MOO
Do you know the address of the Wilkins house?
 
Actually just googled her name and it came up as 6210 Filkins Avenue.
Nice house. 5 bedrooms, pool. I don't know if I'm allowed to link it.

Property Overview - Excellent opportunity in a desirable area of Rancho Cucamonga. Located in a quiet Cul-de-Sac street, this 2 story Home features 5 bedrooms and 3 bathrooms. One master bedroom is situated on the main floor and a second master suite is on the second floor, with a walk-in closet and separate entry door from downstairs. It could be a perfect fit for 2 families or a great return for Investors. Freshly painted inside and out. Entire home was remodeled 6 years ago, including double pane windows, recessed lights,

Property Features
Bedrooms
  • Bedrooms: 5
Bathrooms
  • Total Bathrooms: 3
  • Full Bathrooms: 3
  • Bathroom 2 Description: 0
Exterior and Lot Features
  • Sidewalks
  • Patio And Porch Features: Covered
  • Lot Size Square Feet: 11700
Appliances
  • Laundry Features: Laundry Utilities: Gas & Electric Dryer HU
Heating and Cooling
  • Fireplace Features: Fireplace: FP in Living Room
Interior Features
  • Granite Counters
Pool and Spa
  • Pool Features: Below Ground, Private, See Remarks, Pool Cover
Garage and Parking
  • Number of Garage Spaces: 2
  • Garage Description: Garage
  • Parking Total: 2
Land Info
  • Lot Size Acres: 0.2686
Condo Info
  • Unit Location: No Common Walls
Other Property Info
  • Source Listing Status: SOLD
  • County: San Bernardino
  • Directions: From 210 fwy take Archibald exit North, turn right onto Lemon and turn left onto Filkins.
  • Source Property Type: Detached
  • Parcel Number: 0201362020000
  • Source System Name: C2C
Building and Construction
  • Square Feet Living: 1750
  • Year Built: 1964
  • Flooring: Tile
  • Levels: Stories: 2 Story
  • Property Age: 55
  • Roof: Composition, Shingle
  • Levels or Stories: 2
  • Structure Type: RESIDENTIAL
Utilities
  • Sewer: Public Sewer
Home Features
  • Other Equipment: Equipment: Disposal, Refrigerator, Gas Range
See Less
Public Records
  • Beds: 5
  • Rooms: 9
  • House size: 1,750 sq ft
  • Stories: 2
  • Lot size: 11700
  • Garage: Attached Garage
  • Heating: Central
  • Cooling: Evaporative
  • Construction: Wood Frame
  • Year built: 1964
  • Year renovated: 1964
  • Property type: Single family
  • Style: Modern
  • Date updated: 04/16/2019
  • Units: 1
  • Pool: Yes
 
When I was listening to Cathy's testimony I was struck by her answer to Maline when he asked if moving to the apartment in Rancho Cucamonga at the end of 2009 was an upgrade, after listing off all the amenities it had, such as pool and movie theatre. I thought she sounded sad when she said that the house they had had to leave at Filkins for financial reasons was where all her hopes and dreams had been for raising her children.

It seemed to me that Maline wanted to suggest to the jury with his question that this was a time of prosperity and improvement in standing for Merritt when in reality, given Cathy's answer, I think it was probably a time of strain and disappointment in their family lives and personal relationship. This view is further bolstered by learning he had been relegated to the couch.

I see Joey sometimes helped Cathy financially but I do speculate that Joey put his foot down at helping them to keep their home, especially if he knew about the money he was frittering away in casinos, and that this combined with seeing Joey looking to purchase a house in the exact same time-frame (probably around the summer of 2009) made Merritt really angry. I think he felt Joey's success was attributable to him and his custom fountains.

I can't fail to notice the timing of Joey becoming "sick" a couple of months before moving out of the apartment in San Clemente.

I think that's the reason Joey had to be buried, to prevent an autopsy.

All MOO
You are such a wealth of information. Thank you for your insight. It does paint a picture, doesn’t it?
 
Nice house. 5 bedrooms, pool. I don't know if I'm allowed to link it.

Property Overview - Excellent opportunity in a desirable area of Rancho Cucamonga. Located in a quiet Cul-de-Sac street, this 2 story Home features 5 bedrooms and 3 bathrooms. One master bedroom is situated on the main floor and a second master suite is on the second floor, with a walk-in closet and separate entry door from downstairs. It could be a perfect fit for 2 families or a great return for Investors. Freshly painted inside and out. Entire home was remodeled 6 years ago, including double pane windows, recessed lights,

Property Features
Bedrooms
  • Bedrooms: 5
Bathrooms
  • Total Bathrooms: 3
  • Full Bathrooms: 3
  • Bathroom 2 Description: 0
Exterior and Lot Features
  • Sidewalks
  • Patio And Porch Features: Covered
  • Lot Size Square Feet: 11700
Appliances
  • Laundry Features: Laundry Utilities: Gas & Electric Dryer HU
Heating and Cooling
  • Fireplace Features: Fireplace: FP in Living Room
Interior Features
  • Granite Counters
Pool and Spa
  • Pool Features: Below Ground, Private, See Remarks, Pool Cover
Garage and Parking
  • Number of Garage Spaces: 2
  • Garage Description: Garage
  • Parking Total: 2
Land Info
  • Lot Size Acres: 0.2686
Condo Info
  • Unit Location: No Common Walls
Other Property Info
  • Source Listing Status: SOLD
  • County: San Bernardino
  • Directions: From 210 fwy take Archibald exit North, turn right onto Lemon and turn left onto Filkins.
  • Source Property Type: Detached
  • Parcel Number: 0201362020000
  • Source System Name: C2C
Building and Construction
  • Square Feet Living: 1750
  • Year Built: 1964
  • Flooring: Tile
  • Levels: Stories: 2 Story
  • Property Age: 55
  • Roof: Composition, Shingle
  • Levels or Stories: 2
  • Structure Type: RESIDENTIAL
Utilities
  • Sewer: Public Sewer
Home Features
  • Other Equipment: Equipment: Disposal, Refrigerator, Gas Range
See Less
Public Records
  • Beds: 5
  • Rooms: 9
  • House size: 1,750 sq ft
  • Stories: 2
  • Lot size: 11700
  • Garage: Attached Garage
  • Heating: Central
  • Cooling: Evaporative
  • Construction: Wood Frame
  • Year built: 1964
  • Year renovated: 1964
  • Property type: Single family
  • Style: Modern
  • Date updated: 04/16/2019
  • Units: 1
  • Pool: Yes
Thank you for posting this. It's not the best neighborhood but definitely better than the apartment they moved to.
 
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