Orange County prosecutors alleged a third-strike offender and two other men with murder after they allegedly ran over a 68-year-old New Zealand woman and dragged her almost 65 feet during a heist at Newport Beach’s Fashion Island.
Prosecutors charged third-striker Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Edward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, with exceptional circumstances murder. If they are convicted of killing Patricia McKay during a robbery, they might face the death penalty, as well as a felony enhancement for causing the death of a person over 65. The trio were apprehended after leading authorities on a high-speed chase through Los Angeles County.
The incidents on Tuesday raised questions about why McCrary had not done prison time for his past felony convictions.
California has had a moratorium on the death penalty since 2019, and no one has been executed since 2006.
McCrary is also charged with felony attempted second-degree robbery and evading while driving recklessly. He was previously convicted of three crimes in Los Angeles County: home burglary in 2018, criminal threats in 2020, and robbery in 2023. According to records, he was also convicted of being a narcotics user in possession of a firearm in 2023.
Darnell is also charged with second-degree attempted robbery, attempted murder, and personal use of a firearm, as well as a felony enhancement for personal discharge of a firearm. Cunningham is also charged with attempted second-degree robbery and murder.
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Patricia McKay and her husband, Douglas McKay, a well-known Auckland businessman and politician, were waiting for a taxi after shopping at Newport Beach’s Fashion Island on Tuesday when a white Toyota Camry came up next to them, and two guys wearing masks stepped out. According to authorities, one of the men held a gun to Douglas McKay’s head and demanded his watch while forcing him to the ground.
Cunningham is accused of shoving Patricia McKay to the ground as she was holding several shopping bags, then dragging her into the roadway in front of the Camry and seizing the items.
Douglas McKay ran in front of the vehicle to prevent it from driving over his wife, but McCrary allegedly drove it forward, forcing him out of the way and running over the woman, then dragging her body 65 feet under the automobile.
As Cunningham pursued the getaway automobile, another man attempting to intervene gave chase. Darnell, who was now back inside the automobile, is accused of firing three shots at the Good Samaritan.
Following the incident, authorities pursued the Camry, which fled north at speeds of up to 110 mph. A television news chopper captured footage of the automobile driving on the left shoulder of the 105 Freeway and briefly clipping the concrete median.
Cunningham was nabbed after bailing out of the vehicle near Cypress. McCray and Darnell were apprehended later in South Gate. All three defendants were held without bail on Friday.
“Our entire community extends its deepest sympathies to Patricia McKay’s loved ones and the entire country of New Zealand as we mourn her senseless death in the commission of a crime that should never have happened,” Orange County District Attorney Todd Spitzer said in a statement announcing the charges. “Lawlessness and violence will not be tolerated in our society.”
Patricia McKay’s death was described by New Zealand Prime Minister Christopher Luxon as “an absolute tragedy,” and he expressed his sorrow to family members he knows personally. Douglas McKay is a well-known energy and business entrepreneur who served as chair of the Bank of New Zealand for several years and as the inaugural chief executive of the Aukland Council, which was established in 2010 to oversee the region’s “supercity.”
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In a statement, the McKay family said: “No words can explain our grief as we struggle to come to grips with the loss of our mother, wife, and friend Patricia. We beg for privacy while we work through this as a family.”
McCrary pled no contest in 2023 to robbery and possessing a handgun while a narcotics addict. He was sentenced to two years probation, with three years in state jail suspended.
When asked to explain McCrary’s lack of prison time, the L.A. County District Attorney’s Office responded in a statement: “The case against [him] had substantial difficulties with proof. As a result of these difficulties, the Airport Court management team approved a plea agreement that allowed Mr. [McCrary] to be placed on probation with a suspended state prison sentence” latimes stated.
Still, the District Attorney’s Office described McCrary’s most recent actions as “reprehensible.”
Spitzer, the Orange County prosecutor, attributed some of the blame for this week’s accusations to Gov. Gavin Newsom and other California Democrats.
“Our shopping centers and malls have become hunting grounds for criminals who are stalking innocent shoppers to rob them blind,” his press release stated, “because our Governor and our Legislature refuse to hold anyone accountable for their actions.”