Man convicted of killing McStay family sentenced to death

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Man convicted of killing McStay family sentenced to death
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Breaking: The 62-year-old convicted in the brutal beating deaths of the McStay family of four — including two young children — was sentenced to death.

The 62-year-old welder convicted in the brutal beating deaths of Fallbrook family of four — including two young children — was sentenced Tuesday to death.The sentence was handed down by San Bernardino Superior Court Judge Michael Smith, who last year presided over the lengthy trial.

Three years and nine months after they vanished, the family’s remains were found outside Victorville in San Bernardino County, buried in shallow desert graves.Before the sentencing, extended family of the victims addressed the court, speaking of painful loss.The McStays vanished Feb. 4, 2010, food rotting on the counter and their beloved dogs left in the cold outside their Fallbrook home. The family’s Isuzu Trooper was soon found abandoned near the U.S.-Mexico border.

The jury also recommended he be sentenced to life in prison in the death of Joseph McStay, but be put to death for the deaths of McStay’s wife and children. Among the evidence, the judge said Friday, were traces of Merritt’s DNA on the steering wheel of the family’s SUV — abandoned in San Ysidro — which he said offered “some evidence to suggest Mr. Merritt was the one who drove the vehicle there.”

Smith said that some items of evidence are “by themselves are inconsequential,” but have to be viewed in totality.

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