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McStay Family murders

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At A Glance

Name(s) of victim(s) + age(s): Joseph McStay, 40; Summer McStay, 43; Gianni McStay, 4; Joseph Jr. McStay, 3
Date(s) of crime(s): on or around February 4, 2010
Location(s) of crimes: Fallbrook, California
Perpetrator(s): Charles “Chase” Merritt, 53
Relationship to victims: business associate
Crime(s) in sum: A family of four vanishes from their Fallbrook, California, home in 2010, and when their bodies are discovered four years later, one trusted associate is placed under the scope.


THIS CRIME TAKES PLACE HERE:

Fallbrook, California, where this crime takes place.

It was winter of 2010 in Southern California and the McStay family was together in their cozy Fallbrook home; a five-bedroom abode nestled in a quiet cul-de-sac in Avocado Vista; an area that sits at the foot of an avocado tree-covered mountain. .

The family consisted of 40-year-old Joseph McStay, a businessman and entrepreneur who owned Earth Inspired Products, a local, indoor fountain-installation company, and his wife Summer, a 43-year-old licensed real estate agent. Summer had taken time off to focus on raising their young sons, 4-year-old Gianni and 3-year-old Joseph Jr. The family also had two dogs, which included an Akita named Bear. (The other isn’t referenced by media sources.) They lived in Fallbrook, a community in northern San Diego County and 55 miles north of San Diego.

The McStay’s were known as a warm, loving family that was surrounded by loved ones and friends, but like anyone else, the couple faced personal challenges. Joseph and Summer met in 2004 and married in 2007. When they met, it was described as “love at first sight,” however, at the time of their disappearance, there was trouble brewing between the couple, which was visible in heated text messages and email exchanges.

Summer was fiery and hot-tempered and Joseph was mild-mannered. Joseph often described his father, Patrick, as one of his best friends, but Summer wasn’t close with her family. Joseph enjoyed surfing and playing soccer, and was known socially around town. He also shared a close bond with his teenage son, Jonah, from a previous relationship. He was known for keeping his promises and showing up for his loved ones. Summer had more of a shy outward demeanor and preferred to keep to herself, though she loved to shop. Ross Dress for Less was one of her favorite stores and she frequented it often.

The McStay family home in Fallbrook, California. Photo credit: Lenny Ignelzi / AP

It was the beginning of February; a pleasant time climate-wise in Fallbrook. Temperatures traditionally hover around 67-degrees Fahrenheit, bringing in days that are chilly on the coast and absent of humidity, and cool nights. 

Fallbrook, which sits 70 miles north of Tijuana, Mexico, is known as The Friendly Village. The area is riddled with avocado groves and the community celebrates an annual Avocado Festival each summer. It was a place the McStay’s were happy to be, but they were also getting used to it. The family only moved to Fallbrook from San Clemente three months earlier, around Thanksgiving weekend. On January 31, the family celebrated Joseph Jr.’s third birthday, and at the time this crime took place, they had his birthday party planned for the coming weekend.


The Disappearance

Nothing was unusual with the McStay’s, which made the investigation difficult at first.

The day before they went missing, February 3, 2010, a search was made on the family computer for how to create invitations for a child’s birthday party. Sometime that afternoon, a family friend came over to help paint (the family had recently moved into their Fallbrook home) and agreed to return a few days later to finish up. The friend interacted with Summer and the boys. Also that day, Summer used her credit card to purchase about $66 worth of educational toys from a Ross Dress for Less store in Vista.

On the afternoon of Thursday, February 4, 2010, Joseph McStay spoke to his father Patrick over the phone and said he was rushing to a lunch meeting with an employee in Rancho Cucamonga. Sometime that day Summer spoke with her sister Tracy, who recently had a baby, and made plans to visit them the following week. She also used her credit card to purchase beach bags, infant pajamas and a jacket from the same Ross Dress for Less store in Vista. She also used the home computer to search Craigslist for children’s toys.

Curiously, Summer also placed a call at 2:11 pm to an herbal medicine company to request a medication called “Anger,” even though the company didn’t sell a product that matched this description.

The McStay’s. Photo from Oxygen.

The last outgoing call made from the McStay’s home was placed at 4:25 pm to Joseph’s cell phone. Text messages continued between Joseph and Summer from 5 pm to 5:45 pm, when all communication stopped.

That night around 7:47 pm, a neighbor’s surveillance system captured what appeared to be the family’s vehicle, a mid-size SUV, specifically a white Isuzu Trooper, leaving their driveway. The camera only captured the bottom 18 inches of the vehicle, so they could not determine who was driving. Less than an hour later, a call was placed from Joseph’s cell phone to his business associate, 52-year-old Charles “Chase” Merritt,” at 8:28 pm. Chase told investigators he let the call go to voicemail because he was watching a movie. Joseph’s phone pinged a tower in Fallbrook at this time.


Over The Next Few Days…

When no one had heard from the family, loved ones desperately tried to gain contact with them, but to no avail.

On February 8, the McStay family car was found abandoned in the parking lot of a strip mall in San Ysidro, San Diego, two blocks from the Mexican border. The vehicle is believed to have been parked there between 5:30-7 pm that evening. Its location from February 4 to 8 was unknown. It was towed to an impound lot and its interior i didn’t turn up any clues. 

On February 13, Joseph’s brother, Michael McStay, grew so worried that he went to the family’s Fallbrook home to search for clues. He climbed through an open window in back of the home and still, there was no trace of them. The family dogs were left outside in the fenced backyard.

Missing persons information released on the McStay family.

It was clear to him, however, that the McStay’s left in a hurry. A carton of now-rotting eggs laid on the counter and two, now-stale, half-eaten, child-sized bowls of popcorn sat untouched in the living room. Summer’s prescription sunglasses were left on the counter.

Two days later, Michael filed a missing person’s report with the San Diego County Sheriff’s Department (SDSD). An official search of the home turned up little information.

Media speculated that the family fled to Mexico. On the family computer, searches were made for “What documents do children need for traveling to Mexico?” and information about Spanish language lessons. The International Criminal Police Organization, Interpol, was alerted to keep a lookout for the McStay family, and there was one suspected sighting, but nothing was confirmed.


Remains Are Found Four Years Later

On November 11, 2013, nearly four years after the McStay’s disappeared, a motorcyclist came upon human remains in the desert near Victorville, California. Investigators located two shallow, unmarked graves, each containing the remains of multiple bodies. Located nearby was a rusty, three-pound sledgehammer, a pair of child’s pants and a diaper. The remains were confirmed to be those of all four members of the McStay family and the site was some 100 miles north of their Fallbrook home.

Distance from Mojave Desert to Fallbrook, California.

The remains were not far from Interstate 15, which connects the area of Victorville to Las Vegas. The McStay’s deaths were ruled as homicides due to blunt-force trauma. The murders are believed to have taken place in their home and the bodies were subsequently brought to this site and dumped. It was later determined that Summer may have been raped prior to her murder, as her pants were found discarded near her head and her underwear was tucked into her pants. Her bra was also damaged in a way that suggests it was cut off.

Almost a year after the McStay’s remains were found, Charles “Chase” Merritt, a metal worker and business associate of Joseph McStay’s, was arrested and charged for the murders of Joseph, Summer, Gianni and Joseph Jr. McStay. On January 21, 2020, Chase was sentenced to death for the murders and is currently one of more than 715 inmates serving on San Quentin Death Row.

Charles “Chase’ Merritt.” Photo credit: California Department of Motor Vehicles

Joseph operated a fountain installation and manufacturing business, and he managed all aspects of his business, from day-to-day running of the business to customer service, pricing, invoices, procurement of the foundations and selling. However, Joseph’s company didn’t create the fountains themselves. Joseph was self-employed as a standalone business, but he hired independent contractors to help him out. Chase was one of these workers.

It turned up that Chase owed Joseph $32,000 prior to the family’s disappearance and Joseph planned to fire him. DNA was also found on the steering wheel and gear shift of the McStay’s family car, which was confirmed to be Chase’s DNA. He was identified as having a motive and he was placed at the scene of the crime. Still, Chase proclaimed his innocence.

More On Chase Merritt

Another thing about Chase that’s getting in the way of his “innocence” plea, is his lengthy rap sheet. Chase, who was 52 years old when he committed this crime, had lived in Los Angeles, Victorville and surrounding areas since he was in his 20s. Because of this, he knew the landscape well. He also was a convicted felon with his most recent felony charge in 2001 involving a burglary and receiving stolen property, and followed with a six-month jail stint. The stolen property was $32,000 worth of welding and drilling equipment from San Gabriel Ornamental Iron Works in Monrovia, California, showing a behavior that was similar to the situation between him and Joseph McStay.

Some of Chase’s earlier convictions include:

  • ’77, burglary of a home and another charge for petty theft, 60 days in jail for each
  • ’78, criminal trespassing, 30 days in jail
  • ’78, burglary, two years in prison
  • ’85, receiving stolen property, one year in jail
  • ’87, receiving stolen property, 16 months in prison
  • ’88, receiving stolen property, 14 days in jail
  • ’88, parole violation
  • ’01, burglary and grand theft, six months in jail

Still, for some reason, no one wanted to believe that Chase was the culprit. Despite his history, none of his crimes were violent in nature. Chase also took a polygraph test, which he passed. When asked what he thought of Chase as a suspect, Patrick McStay, Joseph’s father, told CBS8:

“I have to have faith in Chase because I have to have faith in my son. I believe that [Joseph] trusted Chase and believed in Chase. Do I think Chase is involved? I don’t think so, and I truly hope not.”

In addition to Chase’s history of criminal behavior, the trial caste light on his gambling addiction. In the days after the McStay’s disappeared, he wrote checks from Joseph’s business account which totaled more than $21,000. He then went on a gambling spree, frequenting nearby casinos and losing thousands of dollars. 

In January 21, 2020, Chase, then 63, was sentenced to death for the murders of Joseph, Summer, Gianni and Joseph Jr. McStay. He is still serving on San Quentin Death Row.


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