CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #16

Status
Not open for further replies.
(quote)
A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.

The newly unsealed documents show San Bernardino County Sheriff's investigators learned that victim Joseph McStay lent defendant Charles "Chase" Merritt money to cover a gambling debt before McStay and his family disappeared in February 2010.

A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case.

Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were.

Authorities Say Fallbrook Murder Suspect Owed Victim Money
Thank you! I was just going to give the name of another article by the same news source, but I don't know how to link it. There are a few good ones with a lot of information.
 
(quote)
A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.

The newly unsealed documents show San Bernardino County Sheriff's investigators learned that victim Joseph McStay lent defendant Charles "Chase" Merritt money to cover a gambling debt before McStay and his family disappeared in February 2010.

A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case.

Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were.

Authorities Say Fallbrook Murder Suspect Owed Victim Money

maybe someone can find that in the search warrants since I am pretty sure that's what they are referencing.

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

I looked briefly, but didn't see it and can't do a "find" in those and I have to get to bed lol
 
Thank you! I was just going to give the name of another article by the same news source, but I don't know how to link it. There are a few good ones with a lot of information.
You're welcome. To link an article from MSM or other sources just highlight/click the header above the article, the address, and copy and paste onto the reply you are making for the thread. If that is what you mean?
 
(quote)
A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.

The newly unsealed documents show San Bernardino County Sheriff's investigators learned that victim Joseph McStay lent defendant Charles "Chase" Merritt money to cover a gambling debt before McStay and his family disappeared in February 2010.

A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case.

Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were.

Authorities Say Fallbrook Murder Suspect Owed Victim Money

Thanks for the link. Authorities can be wrong. Quote from the article:

"A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.
................
"A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case."

Ha, so the authorities trusted the words of Dan Kavanaugh, the one that JM was buying out, that JM was planning to fire CM. As today's testimony showed, JM and CM were embarking on a new business venture together and there was no sign, reason or likelihood that JM was planning to fire CM.

Authorities trusted DK. Not impressed.

"Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were."

Without context and details, there are infinite possible scenarios about those quotes.
 
Thursday, April 18th:
*Trial continues (Day 41) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
Trial started 1/7/19. Dark on all Fridays. 8 women & 4 men (alternates include 4 men & 2 women).
Trial Days (1-39; 1/17/19 thru 4/11/19) reference post #24 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #16

4/15/19 Day none: No court today, Merritt has a doctor’s appointment & his attorneys failed to tell the court. Court continues on 4/16.
4/16/19 Day 40: Defense witnesses: Annette Dron, QuickBooks Sales Manager. Sarah Kane, custodian of records, PayPal. Bryan C. La Rock, computer forensic analyst. Court continues on 4/17.
4/17/19 Day 41: Defense witness: Bryan Charles La Rock, computer forensic analyst. Trial continues on 4/18.
Schedule for week of April 15th to 19th: Court with jurors on April 15 (Monday), April 16th (Tuesday), April 17th (Wednesday), & April 18th (Thursday). Dark on April 19th (Friday).
 
Last edited:
Thanks for the link. Authorities can be wrong. Quote from the article:

"A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.
................
"A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case."

Ha, so the authorities trusted the words of Dan Kavanaugh, the one that JM was buying out, that JM was planning to fire CM. As today's testimony showed, JM and CM were embarking on a new business venture together and there was no sign, reason or likelihood that JM was planning to fire CM.

Authorities trusted DK. Not impressed.

"Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were."

Without context and details, there are infinite possible scenarios about those quotes.
The fact that CM was being phased out of JM's business was verified in the trial with the testimony of SB, Joey's mother. You will find her testimony on the earlier YT videos from L&C after she testified.
So the information wasn't just from DK.
 
So I don't think his answer about IP addresses was complete. I've read that static IP addresses can be purchased, desktops remotely accessed etc. But I'm no expert. Apparently Dan was an expert.

JMO

Yes - you can buy them. I had several at one stage for various websites.

And remoting to desktops is also easy.
 
The fact that CM was being phased out of JM's business was verified in the trial with the testimony of SB, Joey's mother. You will find her testimony on the earlier YT videos from L&C after she testified.
So the information wasn't just from DK.


And the employee from Main Street Metals also told us that his father told Joey that he had to choose between MSM and Chase on future projects.

Also, didn't Mikey say that Joey had been getting a lot of complaints about Chases's shoddy work?
 
I think the defence still have the same 2 problems

1. Alternative accounting
Only two men knew the exact arrangements and one is dead. In his statements Chase never said anything about being able to create cheques. Indeed he said the cheques were given to him by Joey on the 4th. But we know this was a lie, because he created them after the 4th. We also know Chase had cheque blanks. It is 100% within the defences knowledge where those blanks are. Why are they not produced into evidence?

It also seems likely the cheque signatures were forged. This is critical because the signature of the account holder is proof against all the world of consent for the bank to deal with the funds. Absence of that signature is likewise proof against all the world of lack of consent (i.e theft). This creates a primafacie evidential burden on the defence to produce at least some direct evidence of the "alternative" arrangements.

This is why CM must testify to establish "alternative accounting" as a live issue at trial. The expert cannot do it for him

Nor can McGee and Maline speculate it into existence by acting as Chase's sock puppets.

Chase must get up and say that he was allowed to create cheques and that he had presigned blanks and that the calls were about the cheques. No one else can do it.

I hope the jury are strict on this!

2. DK gone done it
There is still absolutely nothing in evidence that links DK to the murders.

So einfach ist das ;)
 
maybe someone can find that in the search warrants since I am pretty sure that's what they are referencing.

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

I looked briefly, but didn't see it and can't do a "find" in those and I have to get to bed lol
Here you go missy, i found it.
Page 250 of the Search Warrant.
(quote)
On Tuesday October 21, 2014, Detective Joseph Steers authored a search warrant for ***** Butterfly Palm Drive in Homeland.
The search warrant was reviewed and granted by Honorable LB of the Central Superior Court. On Wednesday October 22, 2014, investigators served the search warrant at the residence and seized several computers, electronic storage devices, notes for the McStay homicide investigation, and several quotes to do with remorse, forgiveness and murder.
http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf
 
So listening to today's testimony after lunch. Have to laugh at the association/connection this computer expert is trying to make so seriously and straight faced.

He juggles back and forth between 2 sheets of paper...the phone records and the QB logs.

And breathlessly he 'reports' that on Jan 4th, at about 10:32 am, Joey issues 3 checks to MSMetal.

Then, amazingly, an hour later, he texts Chase, then calls him for one minute.



Hey, Mr Expert, did you look at the text to see if Joey was calling about that check?

What is the point they are trying to make? I know previously they tried to say that every time Chase created one of his checks remotely, on Joeys QB log, the DT was trying to say they called each other, so Joey could tutor Chase in forging those checks.


But NOW they are going to assert that every time Joey wrote a check to Chase or MSM, he then called Chase? Is that supposed to mean something ?

How do we know every call was connected to the check. And , why wouldn't he call if he just wrote Chase a check? Wouldn't that mean a payment came in? And he would create a check for Chase to tell him he had money coming?

So what difference does that make and how much are they paying this 'expert' to testify to this meaningless 'pattern?'



I haven't listened to the rest but I am too flummoxed to not comment....
 
Last edited:
Also this expert makes a big deal that Joey added 'day labor' and it was also 'all in lower case.'

WHY wouldn't it be? It is not a name or a business. There's no reason to capitalise it.

UNLIKE Charles Merritt
 
The defense and their expert sound really nervous talking about the checks created remotely on feb 1st, and the 2nd....walking on eggshells. pretending Joseph created them.

I didn't hear them mention that the check that was deleted was then cashed by Chase on the 2nd.

If Joseph created and deleted the checks, how did Chase get that check? I didn't hear them discuss that.


How about the backdated check on the 5th? Any mention of that?

They stopped the check discussion with the checks from Feb 4th.
 
So listening to today's testimony after lunch. Have to laugh at the association/connection this computer expert is trying to make so seriously and straight faced.

He juggles back and forth between 2 sheets of paper...the phone records and the QB logs.

And breathlessly he 'reports' that on Jan 4th, at about 10:32 am, Joey issues 3 checks to MSMetal.

Then, amazingly, an hour later, he texts Chase, then calls him for one minute.



Hey, Mr Expert, did you look at the text to see if Joey was calling about that check?

What is the point they are trying to make? I know previously they tried to say that every time Chase created one of his checks remotely, on Joeys QB log, the DT was trying to say they called each other, so Joey could tutor Chase in forging those checks.


But NOW they are going to assert that every time Joey wrote a check to Chase or MSM, he then called Chase? Is that supposed to mean something ?

How do we know every call was connected to the check. And , why wouldn't he call if he just wrote Chase a check? Wouldn't that mean a payment came in? And he would create a check for Chase to tell him he had money coming?

So what difference does that make and how much are they paying this 'expert' to testify to this meaningless 'pattern?'



I haven't listened to the rest but I am too flummoxed to not comment....

This is exactly what I am talking about above

The expert has no personal knowledge of the conversations or the arrangements but he is trying to testify as to the contents of phone calls

The judge should have flayed counsel alive for this

the correct witness is the defendant
 
The defense and their expert sound really nervous talking about the checks created remotely on feb 1st, and the 2nd....walking on eggshells. pretending Joseph created them.

I didn't hear them mention that the check that was deleted was then cashed by Chase on the 2nd.

If Joseph created and deleted the checks, how did Chase get that check? I didn't hear them discuss that.


How about the backdated check on the 5th? Any mention of that?

They stopped the check discussion with the checks from Feb 4th.

Yes exactly - its all nonsense.

e.g. Chase claims he got cheques at lunch on the 4th - but we know they were created after that.

the expert has no personal knowledge to testify on this stuff
 
Last edited:
right... that's what @fridaybaker was asking about... but it's the only site that shows Hawaii, the numerous others say San Diego.

Yes

As I explained before, it is because of how these lookup lists are compiled. They have improved in recent years but were quite generic as they just show broad ranges assigned to providers and the address is often just the providers address.

e.g. I just looked up my current IPs

My desktop IP is in a different state to where I am

My mobile IP is in a different country.

tldr - we need information from the provider to find out where that IP address was assigned on the date in question
 
Last edited:
IMO there are some gaps. He had logged in on the 3rd and 5th IIRC and then not until the 14th, that IP showed Hawaii, then the next one was on the 26th, with numerous log ins up to the 17th... all show San Diego area IP. There was a mobile IP on the 17th associated with Southern California (which is typical for mobile IP's to give an area like that), then the same IP address again for a long period of time ... San Diego area.

oops, didn't finish my thought... IF he was in Hawaii... I don't think it's the dates he says. Not as of right now anyway. JMO

Again though - this does not mean he was in Southern California

My work phone is on vodafone UK but i live in germany

My IP is always shown in London even when I am in germany. This is because vodafone network protocols prefer to assign me an IP from my home network range, rather than a local german geo range.

We also don't know what kind of ISP DK was using while in Hawaii - does his login simply assign him an IP from his home range? or was he using someone else's service?

I saw some reference that one of the IPs relates to legacy cable services
 
Here you go missy, i found it.
Page 250 of the Search Warrant.
(quote)
On Tuesday October 21, 2014, Detective Joseph Steers authored a search warrant for ***** Butterfly Palm Drive in Homeland.
The search warrant was reviewed and granted by Honorable LB of the Central Superior Court. On Wednesday October 22, 2014, investigators served the search warrant at the residence and seized several computers, electronic storage devices, notes for the McStay homicide investigation, and several quotes to do with remorse, forgiveness and murder.
http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

Thank you.

Wow! I never knew the police found these quotes several times when they did their SW. Darn it, I wish I had the time to read all in the PDF you have linked. Maybe one day I can have the time to do so. Maybe. Lol! It sure makes me realize I have missed a lot I didnt know.

Remorse, forgiveness, and murder???? Was that going to be the title of his book, I wonder? Shudder.

It's like he was planning to write a tell all book, but make it appear more fictional instead of nonfiction.

Just like OJ did in his book 'If I Did it'.

Has the jury been made aware of those very revealing three words? Tia

Imo
 
Status
Not open for further replies.

Members online

Online statistics

Members online
97
Guests online
1,459
Total visitors
1,556

Forum statistics

Threads
589,168
Messages
17,915,101
Members
227,745
Latest member
branditau.wareham72@gmail
Back
Top