Did They Convict the Killer of the Four Family Found in a Shallow Grave in California?
Published January 21, 2020 at 10:47 AM PST
A Southern California man was sentenced to death Tuesday for the x-year-former killings of a family unit of four whose bodies were found buried in shallow graves in the California desert.
Charles "Hunt" Merritt was convicted in June of killing his quondam concern associate Joseph McStay, McStay's married woman, Summertime, and their 4- and iii-year-old sons, Gianni and Joseph Jr. Prosecutors say he bludgeoned them with a sledgehammer.
The family unit disappeared without a trace in February 2010. Their bodies were not found until 2013, when an off-road motorcyclist came across them in the Mojave Desert.
San Bernardino County Superior Court Judge Michael Smith upheld the jury'south recommendation of death following a two-day sentencing hearing that included a flurry of terminal-minute motions from Merritt and his lawyer, who accused prosecutors of misconduct, Merritt'southward before attorneys of incompetence and, on Monday, tried to remove the judge himself from the example. All of the motions were denied.
In an emotional statement delivered later on his sentencing, Merritt continued to maintain his innocence, lashing out at prosecutors and witnesses he said framed him and the judge he claimed allowed it to happen.
"I loved Joseph," he said. "He was a big part of my life and my family's life. I would never have hurt him in any fashion. I would have never raised my hand for a adult female or child. I did non do this thing."
The victims' family members, including McStay'due south mother, made every bit emotional statements telling how the killings had scarred their lives.
RELATED: Jury Urges Death For Killer Of McStay Family unit
During the sentencing hearing Friday, Smith let McStay'southward father, Patrick, deliver a brief only powerful argument.
"I promise you burn in hell, but I will pray for your family and your children, every bit they are to me all innocent victims," the white-haired McStay, his voice breaking, said as Merritt buried his caput in his hands.
The judge then connected the hearing, where others will also have a run a risk to speak.
Shortly earlier Friday'due south proceedings began, Merritt'southward attorney, Rajan Maline, introduced a motion to have the guilty verdict thrown out, citing allegations of ineffective trial counsel and misconduct past prosecutors.
Two hours into Maline'southward argument, Merritt interrupted him, asking to speak privately. The gauge then recessed for lunch and after everyone returned Merritt revealed he wanted to burn Maline. His request was rejected.
Later on listening to arguments from both sides, Smith spoke at length explaining why he was ruling there was neither ineffective counsel nor misconduct past prosecutors.
He then announced he would accept up the matter of sentencing on Tuesday, but he allowed McStay's father to speak after learning he had to leave town the next day.
Ringo H.W. Chiu / AP
"Joey, Summer, Gianni and Joey Jr. did naught to you," the older man told Merritt. "They welcomed you into their lives and habitation. My son Joey did nada just help y'all and your family unit."
He added that his son even paid Merritt's bills twice when he was in jail so his family could keep a roof over their heads. He dismissed Merritt as a narcissist and a psychopath.
The four family members vanished from their home in northern San Diego County in 2010. Their disappearance puzzled investigators until 2013, when an off-road motorcyclist institute skeletal remains in shallow graves in the Mojave Desert in San Bernardino County, most 100 miles north of the McStay home.
In one grave, regime unearthed a rusty three-pound sledgehammer they said was used to kill the family.
Merritt was arrested the following year. Regime said they believed Merritt killed the family unit as McStay was cutting him out of his business making and selling custom water fountains.
They said McStay told friends Merritt was doing shoddy work and pilfering money from him. Prosecutors eventually discovered that about the time the family vanished thousands of dollars in checks allegedly from McStay to Merritt had been written and cashed.
Investigators said they traced Merritt'southward cellphone to the area where the bodies were cached in the days after the family disappeared and to a call seeking to shut McStay's online accounting account. Merritt besides had referred to McStay in the by tense during an interview with investigators.
Maline said all that was coexisting and that there was no hard proof Merritt committed the murders.
"From the very beginning, this case screamed doubt," he had told jurors. "This case is filled with unanswered questions."
On Friday he argued that cellphone records didn't put Merritt close to the burial site at the time prosecutors said he disposed of the bodies. The judge said that wasn't true, adding there was besides substantial other evidence to convict Merritt.
California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016. Merely concluding yr, Gov. Gavin Newsom placed a moratorium on executions while he'due south in office.
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Source: https://www.kpbs.org/news/evening-edition/2020/01/21/mcstay-familys-killer-sentenced-death
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