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

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Felony conviction IS prison time, burglary included. My 1st ex had 2 felony convictions in Calif. for burglary (1977 and 1998) and was arrested again in 2009, was looking at 3 strikes but it was dismissed only because the arresting officers broke his hip, several ribs, and shattered his face. It has a lot to do with "habitual" criminal element at the discretion of the Judge. Most burglaries are decided by a Judge, not a jury, and the defendant will try to take a lesser plea with the prosecution.

Imagine that! CM has ALREADY served 2x prison sentences from "ripping off" his previous employers. Burglary/Receiving Stolen Property are his previous (prison) convictions. He def KNEW how to take advantage of his employment situation, IMO. One was for around $30K in equipment alone. He had NO qualms about "taking" from those who were prosperous, IMO. What/Why would make him feel so entitled to "helping himself" to their success? It IS a pattern, proven by his previous arrests/convictions, IMO.

I can EASILY see how JM/SM grew tired of his antics and threatened him about going to the Police after ripping them off of $$$$'s of dollars.
 
The warrant was for customer records, as well as the unit(s). They recovered a computer from the storage facility.

Also, CM made a payment in April, 2010. The one and only payment he made on the storage unit(s).

Found this in my notes. Sorry don’t have a link. Maybe the prelim? Not sure.

The one time payment for the AMS Storage Facility was posted on 4/9/10 in the amount of $134.50 and found on Merritt’s Bank of America bank account.
 
I've just noticed that Joey's phone texted Summer's phone at 5.47 pm, and the location of her phone at that time was Laguna Beach - which is by the shortest route 60 miles away (1 hour+) from Fallbrook.

joey phone 3.png
 
Found this in my notes. Sorry don’t have a link. Maybe the prelim? Not sure.

The one time payment for the AMS Storage Facility was posted on 4/9/10 in the amount of $134.50 and found on Merritt’s Bank of America bank account.

I wonder if that was for Mar/Apr months of 2010? It could be numerous reasons WHY he paid the storage fee's in Apr 2010, IMO. Expensive metal/equipment left in them? Didn't want anyone searching them? Too Much to guess at this point, IMO. Hopefully, we will learn about in the trial?
 
I think you are absolutely right - he wouldn't have. Summer? .. maybe.

Yes, this! ^^^
I think the stuff (insert 4 letter cuss word) went down once Summer spoke. Things were prob going smoothly, until that huge amount of $43,000 came to light. And then Summer started making demands...to Joey...to Chase. Tempers started to flare, and Chase knew his days were numbered.

His brutal acts of murder show how pissed he was, and Summer was going to pay for messing things up with 'his best friend'.........jmo
 
I wonder if that was for Mar/Apr months of 2010? It could be numerous reasons WHY he paid the storage fee's in Apr 2010, IMO. Expensive metal/equipment left in them? Didn't want anyone searching them? Too Much to guess at this point, IMO. Hopefully, we will learn about in the trial?

We may never know, but I wouldn't be surprised if it was filled with stolen property he had lifted from different places such as different type of welding machines, grinders, O&A, rods, tanks, and various welding metals etc.

It probably took him a month to offload it to someone who didn't care where it came from or move it elsewhere.

Metals used in welding some of it can get rather expensive depending on the specified metal required to complete a certain project plus the type of welding machine needed to complete it can be very expensive to purchase.

This is probably why MSM didn't want him to be alone inside the business. Sticky fingers.

Imo
 
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I've just noticed that Joey's phone texted Summer's phone at 5.47 pm, and the location of her phone at that time was Laguna Beach - which is by the shortest route 60 miles away (1 hour+) from Fallbrook.

View attachment 167459

Good catch, Tortoise. Michael McFadden comes to mind. Wasn't he from Laguna Beach? Could Summer have been picking up or dropping off Joey's eldest son?
 
Good catch, Tortoise. Michael McFadden comes to mind. Wasn't he from Laguna Beach? Could Summer have been picking up or dropping off Joey's eldest son?
First I've heard of him - I'm going to have to rely on you experts who have followed the case from the beginning to answer that.
 
I've just noticed that Joey's phone texted Summer's phone at 5.47 pm, and the location of her phone at that time was Laguna Beach - which is by the shortest route 60 miles away (1 hour+) from Fallbrook.

View attachment 167459

I believe Laguna Beach is the city her phone was registered in, not where it pinged. JMO

Going back to read posts and catch up.
 
I located the VIN which is 1GBGC34R4YF493369. It's currently being offered for sale on Craigslist. Used 2000 Chevrolet Silverado 3500 2WD Regular Cab HD
Here's a pretty good side view for comparing it to the vehicle captured on the home surveillance video.
OMG I think the truck may have been altered! I've just found a photo of it on another site and the back is different.

Your photo : (vehicle as it is currently)
cm-truck-side-view-jpg.167436


court photo - vehicle in 2014
mcstay merritts chev rear 2.png

Photo found on another site
chase-merritts-truck.png


Brake lights are lower, IMO. And it looks to me to be a different unit completely - much smaller rear opening. Do the prosecutors know this?
 
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hmmm good questions! I don't know about the seat. I posted the screenshots of the swabs they took and I don't recall the lever being listed in any of them. Also, IIRC, the Trooper was given to Joey's oldest son at some point so I don't believe it's still in evidence.

I believe the green truck was given to JM's oldest son. The Trooper is still in SBSO custody. Was it det. Smith who testified a few days ago that he just recently checked to see if the keys in JM's pocket belonged to the Trooper?

JMO
 
At the time of the murders, he was listed as living at 11880 Manzana Drive, Apple Valley 92308. If so, there were several outbuildings, and it was very private. It was also fairly close to the gravesites.

IIRC CM lived on Church St in RC in Feb. 2010. That is where his 2/17/10 interview with SDSO took place.

jmo
 
I've just noticed that Joey's phone texted Summer's phone at 5.47 pm, and the location of her phone at that time was Laguna Beach - which is by the shortest route 60 miles away (1 hour+) from Fallbrook.

View attachment 167459
I've just noticed that Joey's phone texted Summer's phone at 5.47 pm, and the location of her phone at that time was Laguna Beach - which is by the shortest route 60 miles away (1 hour+) from Fallbrook.

View attachment 167459

Great find! So is it safe to believe that at 5:47 pm at least Summer and the boys were still ok? If it took an hour to get hone then did they walk in to find CM in the house with Joey, or CM could have text Summer from Joey's phone asking her to come home and have Joey's keys to get in and lie in wait?
 
I believe somewhere in the testimonies a det. was asked about that and he said he didn't notice anything out of the norm, the seat had not been moved to fit a big guy like CM. So here is another point: if CM was so careful as to have moved the seat back to it's original position to cover up for himself, wouldn't he have done something to clean his DNA from the wheel? If he had cleaned the house so thoroughly, why didn't he clean the Trooper in the same way?

As for the lever, chances are no one thought of taking fingerprint or DNA from it.

We know about the DNA found in the Trooper, but so far nothing about fingerprints (unless I missed it). I'm wondering if CM wore gloves and that DNA was left from him sweating maybe?

MOO
 
In Calif, you are sent to prison on Felony convictions, otherwise you are sentenced to county jail up to a year (misdemeanor). CM has been imprisoned 2x prior to this case, not counting his county time.

But not all felonies are strike offences. I think the confusion is because if someone had 2 strikes already, ANY felony was a 3rd strike (included things like shop lifting), that law has since been changed. But the first 2 strikes still had to be serious and violent. IMO his charges did not meet that criteria according to the Penal code.


Felony conviction IS prison time, burglary included. My 1st ex had 2 felony convictions in Calif. for burglary (1977 and 1998) and was arrested again in 2009, was looking at 3 strikes but it was dismissed only because the arresting officers broke his hip, several ribs, and shattered his face. It has a lot to do with "habitual" criminal element at the discretion of the Judge. Most burglaries are decided by a Judge, not a jury, and the defendant will try to take a lesser plea with the prosecution.

From what I have read, first degree burglary and second degree burglary is different. Chase was charged with second degree burglary. He was also charged with grand theft, but only grand theft with a firearm is a strike offense.

In 2001, the Riverside County resident and father pleaded no contest to second-degree burglary and grand theft after authorities accused him of stealing from a San Gabriel Valley ironworks company.

Nine years after the McStay family disappeared, their accused killer heads to trial

I'm willing to change my mind and open to the possibility, but I need to see it lol I don't see it with what I have read so far...
 
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