Jury to Deliberate Fate of Man Charged in McStay Family's Killing
Attorneys representing Charles "Chase" Merritt told jurors there is no evidence connecting their client to four brutal killings of the McStay family.
By Artie Ojeda and R. Stickney ••
The jury in the McStay family murder trial will soon begin deciding a verdict. NBC 7’s Artie Ojeda has more on continued closing statements.
What to Know
The McStay family of Fallbrook was last heard from or seen on Feb. 4, 2010.
On Feb. 15, the family was reported missing to the San Diego County Sheriff's Department.
Homicide investigators search the family's home on Avocado Vista Lane and found no sign of a struggle.
Update on 5/30: After five months of testimony, the defense and prosecution have concluded their closing arguments in the McStay family murder trial. The jury will deliberate the fate of Charles Merritt, charged with killing Joseph and Summer McStay along with their 3- and 4-year-old sons, starting Monday, not Thursday as previously reported. Today, a juror who had a work conflict was replaced by an alternate.
A kidnapping theory was suggested Wednesday in the 2010 disappearance of a Southern California family that stumped investigators and riveted San Diegans for years until their bodies were discovered in desert graves.
Attorneys representing Charles "Chase" Merritt, 62, told jurors there is no evidence connecting their client to four brutal killings.
He's accused of killing his former business partner Joseph McStay first. Then, Merritt is accused of using a sledgehammer to kill Joseph's wife, Summer, and their 3- and 4-year old sons.
However, in the defense team's closing arguments Wednesday, Merritt's attorney reminded the jury there was no blood evidence at the scene or on his client.
"He'd be covered in blood. Impact causes blood spatter, covered in blood. Nobody says anything about him being covered in blood," attorney James McGee said.
The McStay family killings have captivated the public since the family was first reported missing nine years ago.
Merritt, a former business partner of Joseph McStay, was arrested one year after the family was found buried in shallow graves in the desert near Victorville.
Prosecutors told jurors greed motivated the brutal killings and the coverup.
Three days before the family vanished, Merritt received an email from Joseph McStay saying Merritt owed thousands of dollars in overpayments.
Closing arguments resumed in the McStay family murder trial. NBC 7's Marianne Kushi has more.
After that, as of Feb. 4, 2010, there was no phone activity, internet, email, bank, credit card activity from the family.
Family members reported the McStays missing on Feb. 15, 2010 and an investigation was launched.
McGee said investigators manipulated evidence and even accusing the prosecutor of lying.
Defense attorney suggesting McStay family was “kidnapped by multiple people” on Feb 5, 2010. “Had to control 3 peopleProsecution contends they were killed by Merritt on night of Feb 4.) #nbc7#McStayhttps://t.co/LNkCt3igwC
The defense attorney told jurors there were two sets of tire tracks at the gravesite and for the first time, we heard a new theory from the defense.
Merritt's lawyer claimed - without evidence - the family was kidnapped at their home, by multiple people.
San Bernardino Deputy District Attorney Britt Imes plays recordings of a police interview with defendant Charles “Chase” Merritt who is accused of killing the McStay family of Fallbrook, California. In the interview, Merritt uses the past tense when talking about Joseph McStay, Summer McStay, Joe McStay Jr., and Gianni McStay.
The family's disappearance in 2010 perplexed investigators for years with false leads and national television programs recapping the weeks leading up to their disappearance.
It wasn't until November 2013 that the family was found dead, buried more than 100 miles away in a remote area of San Bernardino County, along with a 3-pound sledgehammer, child's pants and a diaper.
Summer McStay was found with a broken jaw. Joseph and his sons were found with fractured skulls.
Prosecutors told jurors there can be a murder case without answering where, when and how someone was killed.
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Recent images of the family from the McStay family website.
NBC 7
Charles Merritt appears in a San Bernardino County courtroom to hear closing arguments in his case on May 28, 2019.
Getty Images
Three days before the family vanished, the defendant received an email stating he owed thousands of dollars to the company run by Joseph McStay.
Getty Images
On Nov. 19, 2013, family, friends and strangers gathered in the desert in Victorville for a memorial service for the McStay family. Four crosses were planted at the burial site where the remains of the McStay family were discovered earlier this month. The Fallbrook-based family had been missing since February 2010.
Lidia Leyva
Prosecutors showed jurors images of a baby's bath towel in a McStay family photo on the right. The remnants of the baby's hooded bathtowel were found in the grave.
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Prosecutors showed jurors a paintbrush held by one of the McStay children on the left. The same paintbrush was found with a spoon and another tool inside a backpack in the grave.
aniuska arias
The McStay family in happier times - before their February 2010 disappearance that has stumped people across the country.
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The missing poster featuring the Fallbrook family last seen in February 2010.
Renae Patterson
The remains of four people were discovered on November 11, 2013, in a remote desert area of Victorville, Calif. Officials later confirmed the remaions were those of McStay family.
AP
San Bernardino County Sheriff Edward J. McMahon, left, looks on as Michael McStay speaks in news conference at San Bernardino County Sheriff�s Department Head Quarter on Friday, Nov. 15, 2013, in San Bernadino, Calif. McMahon confirmed that 40-year-old Joseph McStay and his 43-year-old wife, Summer, were found in shallow graves in the Mojave Desert this week. The couple and their two sons disappeared in February 2010. McStay was a brother of one of the victims. (AP Photo/Ringo H.W. Chiu)
NBC 7 San Diego
San Bernardino officials held a press conference on November 15, 2013, to announce that the remains found earlier in the week in a remote desert area of Victorville, Calif., were those of the McStay family.
AP
Susan McStay, mother of Joseph McStay, left, and friend of victims' family, Emily, whose last name was not given, listen during a news conference at the San Bernardino County Sheriff�s Department Headquarters on Friday, Nov. 15, 2013, in San Bernardino, Calif. San Bernardino County Sheriff Edward J. McMahon confirmed Joseph McStay and his 43-year-old wife, Summer, were found in shallow graves in the Mojave Desert this week. The couple and their two sons disappeared in February 2010.(AP Photo/Ringo H.W. Chiu)
Getty Images
The remains of four people were discovered on November 11, 2013, in a remote desert area of Victorville, Calif. Officials later confirmed the remaions were those of McStay family.
Getty Images
The remains of four people were discovered on November 11, 2013, in a remote desert area of Victorville, Calif. Officials later confirmed the remaions were those of McStay family.
An image of Summer McStay courtesy of the family's website.
Facebook / LVK
An image of Joseph McStay courtesy of the family's website.
Getty Images
A video captured a group of people crossing the border into Mexico February 8. Relatives doubt this shows the McStays but investigators say the family may have voluntarily left the country and headed into Mexico.
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Gianni McStay and Joseph McStay Jr.were last seen on February 4, 2010. They may be in the company of Summer McStay and Joseph McStay Sr. Joseph Jr. has a birthmark on his forehead. Joseph Sr. has tattoos on both of his shoulders. Summer may use the alias date of birth January 1, 1978. If you have any information contact 1 800-THE-LOST.
Telemundo
Joseph and Summer McStay.
Telemundo
LVK / Telemundo
adolfo jimenez
LVK / Telemundo
LVK / Telemundo
The children seen with their father.
For the first time, relatives take the media inside the McStay's house
Inside the McStay home.
Merritt pleaded not guilty to the charges.
"This case screams for not guilty. This case screams for Mr. Merritt to be acquitted. Justice demands it," McGee said.
Jurors could get the case Thursday. If convicted, Merritt could face the death penalty.
Deputy District Attorney Britt Imes talks to jurors as he wraps up the case in closing arguments on Tuesday, May 28, 2019. Joseph, Summer, Joseph, Jr. and Gianni McStay were found buried in a shallow grave in the desert in San Bernardino County.
