CA CA - Nikki McCain, 39, Redding, 17 May 2024

[Knox]

They dropped the DV charges against Tyler McCain today. Very frustrating, but I’m confident he will eventually be charged with murder. So I guess patience is the name of the game at this point. All MOO.

Judge dismisses charges against man married to missing Redding woman

A Shasta County judge has dismissed the case involving Tyler Scott McCain due to a lack of evidence.

www.actionnewsnow.com

 

[azure]

They dropped the DV charges against Tyler McCain today. Very frustrating, but I’m confident he will eventually be charged with murder. So I guess patience is the name of the game at this point. All MOO.

Judge dismisses charges against man married to missing Redding woman

A Shasta County judge has dismissed the case involving Tyler Scott McCain due to a lack of evidence.

www.actionnewsnow.com

I will continue to fervently hope that Tyler McCain is the next thing in Redding to spontaneously combust.

 

[imstilla.grandma]

"Nikki has been missing since May 18. It has already been 49 days without her,” said rally co-organizer and family friend Kae Saeteurn. "I can only imagine what it is to be her kids right now, now knowing where their mom is."

In a statement, the DA’s Office said it “made the difficult decision to renew our request to dismiss the case against Tyler McCain because the victim, Nikki, has still not been located and her presence at this point in time is necessary to move forward with this case… the DA's office has exhausted all avenues to prove the case at this time without her," adding the DA's office "reserves all rights to refile this case in the future."

"I don't want to get emotional, I'm sorry,” Saeteurn said. “It's just so hard because we feel like we're so powerless. We can't find her. We know that Tyler knows where she's at."

Charges dismissed against man accused of beating his now-missing wife

A Shasta County woman disappeared in mid-May, two weeks before her husband was due in court to face felony domestic violence charges, which were dropped Friday.

www.abc10.com

 

[SimplyCass]

I will continue to fervently hope that Tyler McCain is the next thing in Redding to spontaneously combust.

Respectfully, I disagree. If she is deceased, I really hope that whoever is responsible (or knows something) can be persuaded to show LE where she is buried. I don't want to say that it would be "closure" (there's no such thing, even for a death by old age/natural causes), but it's a start.

 

[RockList]

I honestly think that she is not alive and I was thinking if this will be like another Barry Morphew getting away with murder, imo.


Update: In the latest court hearing Friday, a Shasta County judge dismissed the case against Tyler McCain at the District Attorney's request. In a statement, the DA’s Office said it “made the difficult decision to renew our request to dismiss the case against Tyler McCain because the victim, Nikki, has still not been located and her presence at this point in time is necessary to move forward with this case… the DA's office has exhausted all avenues to prove the case at this time without her," adding the DA's office "reserves all rights to refile this case in the future." Source

 

[Knox]

I honestly think that she is not alive and I was thinking if this will be like another Barry Morphew getting away with murder, imo.


Update: In the latest court hearing Friday, a Shasta County judge dismissed the case against Tyler McCain at the District Attorney's request. In a statement, the DA’s Office said it “made the difficult decision to renew our request to dismiss the case against Tyler McCain because the victim, Nikki, has still not been located and her presence at this point in time is necessary to move forward with this case… the DA's office has exhausted all avenues to prove the case at this time without her," adding the DA's office "reserves all rights to refile this case in the future." Source

The SCSO has been very tight-lipped about this investigation. I hope this means there is a lot going on behind the scenes and they have called in outside resources to help.

 

[Knox]

Respectfully, I disagree. If she is deceased, I really hope that whoever is responsible (or knows something) can be persuaded to show LE where she is buried. I don't want to say that it would be "closure" (there's no such thing, even for a death by old age/natural causes), but it's a start.

I agree with your statement in theory. However in this case, there's about a snowball's chance in heck of that happening, IMO. This man-child (TM) has been coddled by female family members his whole life. Never facing any kind of consequences for his actions - all MOO of course.

 

[RockList]

The SCSO has been very tight-lipped about this investigation. I hope this means there is a lot going on behind the scenes and they have called in outside resources to help.

I am just so heart sick because all of these cases. As I am typing this, I am also listening Atty. Melanie Little giving a reading of the Sandra Birchmore civil complaint. Atty. Little confirmed that the FBI is investigating, so there is that at least.

 

[MassGuy]

Northstate legal expert responds to Tyler McCain domestic violence case dismissal

A Redding criminal law attorney spoke to us about the details of the DA's decision to dismiss the case, including the potential to refile in the future.

www.krcrtv.com

SHASTA COUNTY, Calif. — A Redding legal expert is speaking on the Shasta County District Attorney’s dismissal of the domestic violence case against Tyler McCain, the estranged husband of missing Redding woman Nikki Saelee-McCain.

Criminal law attorney Douglas Gardner told us, “If they relocate the victim, they can refile, just like they would a brand new case. There’s no double jeopardy issue, which is what a lot of people are concerned about.”

Gardner added that it’s not unheard of to try domestic violence cases without a victim and he believes the DA’s office wants to keep their options open down the road, saying, "They clearly want you to understand that charges can be refiled if they get into a position where they feel they can make the case. At the present time, they apparently don’t feel that way.”

 

[Knox]

Northstate legal expert responds to Tyler McCain domestic violence case dismissal

A Redding criminal law attorney spoke to us about the details of the DA's decision to dismiss the case, including the potential to refile in the future.

www.krcrtv.com

SHASTA COUNTY, Calif. — A Redding legal expert is speaking on the Shasta County District Attorney’s dismissal of the domestic violence case against Tyler McCain, the estranged husband of missing Redding woman Nikki Saelee-McCain.

Criminal law attorney Douglas Gardner told us, “If they relocate the victim, they can refile, just like they would a brand new case. There’s no double jeopardy issue, which is what a lot of people are concerned about.”

Gardner added that it’s not unheard of to try domestic violence cases without a victim and he believes the DA’s office wants to keep their options open down the road, saying, "They clearly want you to understand that charges can be refiled if they get into a position where they feel they can make the case. At the present time, they apparently don’t feel that way.”

I guess it makes no sense to go to the effort/expense of a trial right now. Unsure what degree/special circumstances they could charge him with for Murder. But I guarantee you, the DA has a fallback strategy.

He’s free for now, let’s hope not for long.

 

[MassGuy]

I guess it makes no sense to go to the effort/expense of a trial right now. Unsure what degree/special circumstances they could charge him with for Murder. But I guarantee you, the DA has a fallback strategy.

He’s free for now, let’s hope not for long.

Yeah, it's pointless, as they want to get him for murder. Hopefully they are able to find her body.

 

[Knox]

Redding Rancheria releases a statement on the disappearance of Nikki Saelee-McCain

krcrtv.com

 

[PommyMommy]

Redding Rancheria releases a statement on the disappearance of Nikki Saelee-McCain

krcrtv.com

Noting:

The Tribe says they cannot:

• Conduct criminal investigations due to the lack of a Tribal Law Enforcement
• Grant access to individually owned parcels
• Infringe upon individual Tribal Member rights

The Redding Rancheria says they have been doing as much as possible within their power to find Nikki, such as working with NorCal Alliance for the Missing, offering a $10,000 reward, paying and posting a large billboard along I-5, granting access to local search parties on tribal lands, and cooperating with law enforcement to provide information and video footage requested by law enforcement.

 

[tlcya]

Both the Sheriff and District Attorney Offices say they are limiting how much information about the ongoing investigation into Saelee-McCain’s disappearance is shared with the public in order to preserve the integrity of both the DV charges and the missing person case.
Tyler McCain’s Felony DV Charges Dismissed As Search for Missing Wife Nikki Cheng Saelee-McCain Continues – Shasta Scout

uggh, another victim of DV disappears conveniently before she can testify about her man. I guess we all know where this is going. I hope I am wrong this time. I so want to be. Thinking of her kids and other loved ones.

 

[PommyMommy]

JUL 9, 2024

Shasta County DA to discuss dropped charges in Tyler McCain case

Shasta County District Attorney Stephanie A. Bridgett is sitting down with KRCR's Mike Mangas during the 5:30 p.m. broadcast on Tuesday to discuss the latest in

krcrtv.com

Shasta County District Attorney Stephanie A. Bridgett sat with KRCR's Mike Mangas during the 5:30 p.m. broadcast on Tuesday to discuss the latest in the Tyler McCain case.

[...]

"According to Criminal Law Attorney Douglas Gardner, “If they relocate the victim, they can refile, just like they would a brand new case. There’s no double jeopardy issue, which is what a lot of people are concerned about.” Gardner added that it’s not unheard of to try domestic violence cases without a victim and he believes the DA’s office wants to keep their options open down the road, saying, "They clearly want you to understand that charges can be refiled if they get into a position where they feel they can make the case. At the present time, they apparently don’t feel that way."

 

[Protectwomenandgirls]

Many people have seen billboards on I-5 & posters at rest stops. We canvas anytime we stop at rest stops or gas stations - talk to people while handing out fliers. We live in North Bay, but drive up north often. A lot of summer travel happening right now, hoping someone sees something

 

[PommyMommy]

JUL 10, 2024

District Attorney Releases Statement on the Open Investigation, and Dismissed Case, Related to Missing Person Nikki Cheng Saelee-McCain – Shasta Scout

Shasta County DA Stephanie Bridget said while she's currently unable to move charges forward against Saelee-McCain's husband, Tyler McCain, her Office is devoting significant resources to both the domestic violence case and the missing person case.

shastascout.org

[...]

Shasta County District Attorney Stephanie Bridgett told news station KRCR this week that her office has made every possible attempt to find a legal way to continue to pursue multiple felony domestic violence charges against Tyler McCain...

Right now, Bridgett said, it’s impossible to do so given McCain’s constitutional right to face his accuser, Saelee-McCain, in court.

[...]

The right to face one’s accuser is found in the Constitution’s 6th Amendment, Bridgett explained, saying that there are some narrow exceptions to this rule but none apply in this case.

[...]

The Constitution’s Fifth Amendment includes the Double Jeopardy Clause which says, “”No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . ..”

Bridgett emphasized that felony domestic violence has a three-year statute of limitations, meaning even though the case has been dismissed for now due to these challenges, it can be refiled anytime within the next two-and-a-half years if and when evidence comes to light that allows the case to move forward.

“And that is what we want to be able to do,” Bridgett said. “We want to pursue, preserve that ability to hold him liable for that case.”

[...]

 

[Mack the Knife]

JUL 10, 2024

District Attorney Releases Statement on the Open Investigation, and Dismissed Case, Related to Missing Person Nikki Cheng Saelee-McCain – Shasta Scout

Shasta County DA Stephanie Bridget said while she's currently unable to move charges forward against Saelee-McCain's husband, Tyler McCain, her Office is devoting significant resources to both the domestic violence case and the missing person case.

shastascout.org

[...]

Right now, Bridgett said, it’s impossible to do so given McCain’s constitutional right to face his accuser, Saelee-McCain, in court.

[...]

The right to face one’s accuser is found in the Constitution’s 6th Amendment, Bridgett explained, saying that there are some narrow exceptions to this rule but none apply in this case.

[...]

[snipped]

Um. I am not a lawyer but that’s a really weird interpretation of the 6th amendment.

“In the United States everyone has a constitutional right to confront the witnesses against them,” Bridgett said. “That means the accuser, the victim, must be present in trial to confront them and we haven’t been able to locate her.”

She is implying there is a constitutional requirement that a victim be present at trial, which is untrue. Cases move forward all the time without victim participation. The reality is what most everyone else has been clear in reporting: without a complaining witness, the DA doesn’t have enough evidence to move forward and be confident she’ll get a conviction, so they’re dropping it in the hopes they’ll get more later.

But frankly Tyler McCain seems like a mess of a person and I can’t imagine he has been able to keep his mouth shut about everything he may have done AND he sufficiently covered up all evidence of it. I’m hopeful that LE will find enough to convict him for crimes he has committed or will commit in the future.

 

[Knox]

[snipped]

Um. I am not a lawyer but that’s a really weird interpretation of the 6th amendment.

She is implying there is a constitutional requirement that a victim be present at trial, which is untrue. Cases move forward all the time without victim participation. The reality is what most everyone else has been clear in reporting: without a complaining witness, the DA doesn’t have enough evidence to move forward and be confident she’ll get a conviction, so they’re dropping it in the hopes they’ll get more later.

But frankly Tyler McCain seems like a mess of a person and I can’t imagine he has been able to keep his mouth shut about everything he may have done AND he sufficiently covered up all evidence of it. I’m hopeful that LE will find enough to convict him for crimes he has committed or will commit in the future.

Agree with your opinion in the last paragraph of your post. But yet here we are almost two months later? IMO, he didn’t do this alone. So for that reason, I feel like someone will eventually talk.

Hopefully SCSO isn’t working alone, I’d feel a whole lot better if I knew the FBI was involved. Which because this case involves tribal land, might be true.

 

[SimplyCass]

[snipped]

Um. I am not a lawyer but that’s a really weird interpretation of the 6th amendment.

She is implying there is a constitutional requirement that a victim be present at trial, which is untrue. Cases move forward all the time without victim participation. The reality is what most everyone else has been clear in reporting: without a complaining witness, the DA doesn’t have enough evidence to move forward and be confident she’ll get a conviction, so they’re dropping it in the hopes they’ll get more later.

But frankly Tyler McCain seems like a mess of a person and I can’t imagine he has been able to keep his mouth shut about everything he may have done AND he sufficiently covered up all evidence of it. I’m hopeful that LE will find enough to convict him for crimes he has committed or will commit in the future.

right to confront witness

www.law.cornell.edu

this lists three exceptions when the confrontation clause does not apply. Number one is the witness is not available. Since they haven't asserted (or have evidence) that Nikki is deceased, I guess they can't go forward right now. It's a common myth that "no body = no conviction" but it's still a pretty high bar.

I do hope that they can get some more info, like being able to monitor TM's movements or communications, similar to how LE cracked the case on finding Alexis Gabe.