Body of US software mogul John McAfee still in Barcelona morgue, seven months after his death

A judge in Spain has ruled that the 75-year-old businessman died by suicide in his prison cell in June 2021 while he awaited extradition to his home country. His family is planning to appeal the decision and request the probe be kept open

John McAfee at the 4th China Internet Security Conference in Beijing in 2016.
John McAfee at the 4th China Internet Security Conference in Beijing in 2016.Ng Han Guan (AP)

The body of American anti-virus developer John McAfee remains in a morgue in the Barcelona City of Justice complex, in the northeastern Spanish region of Catalonia, seven months after his death. It is currently located in the Legal Medicine Institute (Imelec), a grey building with honeycomb windows, while a judge has been preparing a report on his death.

That report, released this week, has determined that the software mogul died by suicide in his prison cell in Barcelona province on June 23, 2021 as he awaited extradition to the United States on charges of failing to file US tax returns from 2014 to 2018.

The 75-year-old’s family had raised questions about the circumstances of his death, even though an autopsy concluded that McAfee hung himself inside his cell at Brians 2 penitentiary in Sant Esteve Sesrovires. Prison workers found a suicide note in the pocket of his pants.

The months-long investigation is not quite over yet, as lawyers for McAfee’s family have appealed the Spanish judge’s decision to provisionally close the case. The provincial court of Barcelona must now decide whether to confirm the judge’s decision or order him to keep the investigation open. The family has argued that the autopsy was incomplete and lacked the “basic elements” to draw definitive conclusions about the cause of death, according to defense sources.

The building in Martorell (Barcelona) that houses the court that’s been investigating the case has so many structural deficiencies that in 2019, Spain’s legal watchdog, the General Council of the Judiciary (CGPJ), ordered two courtrooms closed because of safety hazards. The legal staff in this building is also dealing with a severe backlog of work, which partially explains the delay in concluding the McAfee investigation.

The cybersecurity entrepreneur’s family was very critical of the process from the beginning. His ex-wife, Janice McAfee, traveled to Barcelona and met with three prison officials at Brians 2, but she remained unconvinced by their explanations and questioned the suicide hypothesis. “The last thing he told me was ‘I love you and I’ll call you this evening. Those are not the words of someone who is suicidal’,” she said at the time.

Clear case

But medical experts who examined the body always believed it was a clear case of suicide. McAfee was found hanging from his cell, where he had asked to spend time. He was in pre-trial detention after being charged with tax evasion by the United States. He had been in prison for more than eight months while Spain’s High Court, the Audiencia Nacional, considered the extradition request for failing to file tax returns between 2014 and 2018. On Wednesday morning, McAfee’s lawyers told him that the court had decided to approve his extradition to the US and in the afternoon he killed himself, according to the investigation.

McAfee was the creator of one of the most popular antivirus software programs on the market and was considered a genius in the tech world. His life, however, was plagued by controversy. In 2012, McAfee was named a person of interest by authorities in Belize investigating the murder of his neighbor, but he never faced trial because he fled before he could be questioned. When the coronavirus pandemic hit, McAfee was in Spain’s Catalonia region, where he spent most of the lockdown. Authorities believe he lived in a semi-abandoned hotel in Cambrils called Daurada Park Hotel. Two years earlier, during an administrative inspection, the Catalan police had discovered a cryptocurrency operation in the basement of the hotel.

In July 2021 Spain’s National Police were notified by Interpol about the charges for tax evasion and arrested him on October 3 at Barcelona’s El Prat airport as he was about to fly to Istanbul. The court’s extradition decision, however, could have been appealed, and McAfee’s defense was already working on this process.

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