Father who filed complaint against Sheriff learns of murdered son’s fate on Facebook, after Sheriff fails to notify him

November 18, 2013 in News by The Manimal

Source: Liberty Fight

UPDATE 11/18/13 11:am Pacific- The San Diego County Sheriff’s Dept. has responded to our inquiry on this matter, their response is here.

The father of a missing man who had filed an internal affairs complaint against the San Diego Sheriff’s Department for their mishandling of his son’s case has revealed that he had to find out about the discovery of his son’s remains on Facebook, after the Sheriff failed to even notify him of the tragic discovery. Patrick McStay told CBS News that the department was the “dumbest, most corrupt organization” he’s ever seen, and that he “hasn’t heard a word from anyone” since he filed an internal affairs complaint with the department in 2011.

On February 4, 2010, Joseph McStay, his wife, Summer, and sons Gianni, 4, and Joseph Jr., 3 mysteriously disappeared from their Fallbrook, CA home. They had apparently left in a hurry, with food left on the kitchen counter and their dogs remained unfed. On February 8, 2010, their white Isuzu Trooper was towed from the parking lot of Bancomer Bank in San Ysidro, right near the Mexico border. Despite many unsuccessful leads in the case over the years, no resolution was reached until Monday November 11, 2013 when an off-road motorcyclist outside Victorville, CA found human remains in the desert and called police.

CBS 2 news reports that Mcstay called the investigation into his son’s disappearance the most “botched, inept investigation I’ve ever seen in my entire life.”:

Patrick McStay called the San Diego Sheriff’s Office, which spearheaded the investigation into his son, daughter-in-law and grandchildren’s 2010 disappearance, the “dumbest, most corrupt organization” he’s ever seen. He said the department didn’t even bother to contact him to tell him his son’s remains had been found. “I got a message from someone [on Thursday] on Facebook telling me to go and read an article,” McStay said. “The minute I read the article, I knew it was him.”…. McStay expressed strong dismay with the San Diego sheriff department’s handling of the investigation. He said he’s been fighting with the department since February 2011 when he filed a complaint with internal affairs. “I haven’t heard a word from anyone since then,” he said.

 “Detective Dugal is the biggest schm**k in the world, he should resign,” McStay said of the lead detective on the case. McStay said he believes authorities jumped to the conclusion that his son, daughter-in-law and grandchildren left on their own because they didn’t want to spend a lot of time or money on the investigation.”

The L.A. Times reported that the father “had suspected foul play early on, and has been highly critical of investigators who, in his view, have done a “lousy job.”

The San Bernardino County Sheriff’s Department, which is now in charge of the investigation since the bodies were found in that county, issued an updated press release Friday Nov. 15th, which stated, in part, “The manner of death has been determined to be homicide; the cause of death will not be released to protect the investigation.” They have also released five photos of the victims when they were alive, including this photo.

The San Bernardino Sun reported “Sheriff’s officials close to the investigation confirmed at least one set of remains taken out of one of the grave sites had been bound with an electric cord. Clothing was also found in the graves.” The Coroner added “Investigators have recovered the remains of four persons. Autopsies will be conducted with the assistance of a forensic anthropologist to determine causes of death, ages and gender.” The Case No. is H#2013-104.

USA Today reported “…Whether or not they actually crossed the border and then came back, we’re not sure. It’s too early in the investigation,” McMahon said. The McStays were interested in Mexico in the weeks before they vanished. According to their computer history, Summer McStay bought Spanish-language software, and either she or her husband searched about passport requirements for children traveling into Mexico…”

In March 2010, a month after the family’s disappearance, the San Diego Sheriff’s official youtube channel posted a grainy video of a border crossing, and had presumed it was the McStay family, whom police had theorized had left the country on their own. The video, entitled Border Surveillance Video – Possibly the McStay Family, and posted by ‘sdsheriff,’ currently has 65,321 views. The video description reads “At 30 seconds into the video, note the man and woman entering from lower left of screen. Each is holding the hand of a child. Woman is wearing light colored jacket with dark trim.”

Since the family’s disapperance, The McStay family ran the website mcstayfamily.com which gave updates on the case. CNN featured the story in Feb. 2010.

In April 2010, the family announced a San Ysidro Flyer Distribution: “In light of the new information from the SD Sheriff’s Dept, I am coordinating another Flyer Distribution down at the border crossing this Saturday April 3rd 10am. We will meet in the parking lot near the Sunrise Buffet and Bancomer Bank where the Isuzu Trooper was towed. 4498 Camino de la Plaza, San Ysidro, Ca 92173. Thank You again for everyone’s interest and support into finding our beloved family. We are so grateful.” [Here is the Poster of the family they distributed.]

In February 2011, Joseph McStay spoke to 10News.com about the case. In 2012, U.S. News reported on the victim’s brother Mike Mcstay, who had remained vigilant in the search for his brother and his family. In this 2012 Facebook profile, Patrick McStay makes reference to lawsuits and is pictured with his son Joseph.

On April 9, 2013, the family posted a San Diego Sheriff Department Official Press Release on the matter, [PDF] in which the Sheriff stated, in part

“The case of the missing McStay family has been investigated by the San Diego County Sheriff’s Department since they were reported missing in February 2010. Over the last three years, the Sheriff’s Department has conducted an exhaustive missing person investigation in an attempt to locate the family. Hundreds of tips have been investigated without success. Since the case was initiated, we have worked closely with the San Diego Division of the Federal Bureau of Investigation (FBI), as well as other law enforcement agencies. The consensus is the family, in all likelihood, travelled into Mexico of their own free will. There has been no contact or communication from them since February of 2010. Due to the fact that the family is believed to be out of the country, and because minor children are involved, the primary investigative responsibility for the case is being transferred to the FBI. The FBI is the most appropriate law enforcement agency to continue the investigation since they have significant experience and investigative assets in foreign countries. The Sheriff’s Department will continue participating in the investigation in a supporting role.”

On the McStay family blog as well as in the comment section of various news reports on the matter, numerous commenters questioned the past of ‘Summer’ McStay, who purportedly had several legal name changes and aliases over the years. [Also see ONE YEAR LATER: McStay Family Mystery, Five Things To Know.]

CBS News featured 32 photos of the family in the tragic case after the bodies were found. 10News.com posted an updated story and video on the case this week:

On December 30, 2010, San Diego Sheriff’s issued a press release entitled Case of Missing Fallbrook Family Gets National Attention, which noted “Sheriff’s Detective Troy Dugal is also available for interviews at the Ridgehaven office. You can call him at…” Note as we reported above, Patrick McStay told CBS that “Detective Dugal is the biggest schm**k in the world, he should resign.”

On Nov. 15, the San Diego Sheriff issued a press release entitled McStay Family Investigation , which stated, in part, “Over the past three years, the San Diego Sheriff’s Office has conducted an exhaustive missing person investigation in an attempt to locate the family. Hundreds of tips have been investigated without success. The case was ultimately transferred to the Federal Bureau of Investigation in April of 2013, as they have significant resources throughout the nation and international liaison capabilities.”

(To post this article on Facebook, use this link: http://whatreallyhappened.com/content/father-who-filed-complaint-against-sheriff-learns-murdered-sons-fate-facebook-after-sheriff- )

UPDATE 11/17/13 5:14PM Pacific: 8 hours ago, Patrick McStay posted this message on facebook regarding his son’s case:

“Thank you to every single one of you with your kind words and undying support! I am strong and will continue to seek justice for my Joey, Summer and my Grandsons G and J. I can continue because I need to be there for them and will not fail in my promise to Joey in my prayers, to bring these heartless murders into the light and justice.Some mays say I’m an angry person and you would be right! But what you may not understand is that at my age that is what helps me to be strong and go on. My angry is not meant to be toward anyone except the murderers and liars spreading false, libels and completely outrageous claims.

I will also keep going in exposing the SDSD for there total incompetence in not following the facts and information that was given to and right in front of them. People may say why punish the SDSD. My answer is, you have no idea how many other cases they have completely botched and how many other Families have been effected by there incompetence. I have found and been contacted by so many you would be stunned! Go to San Diego TV news and read their article and you will find other cases they completely botched. That has to STOP. The SDSD has been investigated a number of times themselves for the way they handled other cases and continue to act arrogant and as if they are God Almighty and they are the only ones who know anything and they can’t be wrong. Well we have clearly seen how that has turned out!

So I seek to change the way LE handle these case and fight to see that these type of case have more importance placed on them and that there are guidelines and time limits placed on these cases before they are give to outside special units with specialized training or are then given to special established task forces with more authority and reach to not let theses case just simply linger in limbo as my Families case has for almost FOUR years!

Again Thank you for all the kind words and sincere concern for me and all of my Family. Just know I will go on.”