Three men charged with murder Friday in the death of a 68-year New Zealand woman who was robbed and run over at Newport’s Beach Fashion Island shopping mall could be eligible for the death penalty if convicted, according to the Office of the Orange County District Attorney.
The DA said Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles and Jaden Cunningham, 18, of Lancaster have been charged with special circumstances for throwing the elderly tourist into the street and dragging her to death under a getaway car.
"Our entire community extends its deepest sympathies to the loved ones of Patricia McKay and to the entire country of New Zealand as we mourn her senseless death in the commission of a crime that should have never happened. Lawlessness and violence will not be tolerated in our society," said Orange County District Attorney Todd Spitzer.
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Prosecutors said McCrary, had prior convictions for residential burglary in 2018, criminal threats in 2020, and robbery in 2023, was also charged with felony counts of attempted second-degree robbery and evading while driving recklessly, according to the District Attorney's Office.
Darnell was additionally charged with second-degree attempted robbery and attempted murder, along with a sentencing enhancement allegation of personal use of a firearm and discharge of a firearm. Cunningham was also charged with attempted second-degree robbery.
All three are accused in connection with the robbery and killing that occurred around 3:30 p.m. Tuesday outside the mall, leaving McKay dead in the parking lot.
According to police and prosecutors, Darnell and Cunningham, both wearing masks, approached McKay and her husband as they were walking outside the Barnes & Noble store.
Prosecutors said one of the suspects put a gun to the head of McKay's 69-year-old husband and demanded his watch as they forced him to the ground. When they were unable to get the watch, the suspects allegedly turned their attention to McKay, who was holding multiple shopping bags.
Cunningham allegedly dragged McKay into the street in front of a getaway car being driven by McCrary.
Prosecutors said McKay's husband jumped in front of the vehicle to protect his wife, but McCrary, with Darnell back in the vehicle, accelerated and forced the husband out of the way, then ran over McKay, trapping her under the vehicle and dragging her 65 feet.
She was pronounced dead at the scene. Cunningham was still on foot and running toward the moving vehicle, chased by a good Samaritan, prompting Darnell to fire several shots from inside the car toward the pursuer.
No one was struck by the gunfire. Cunningham ultimately got into the vehicle, and the trio drove away. The suspects led authorities on a pursuit north on the 405 Freeway.
During the chase, the driver pulled over in the Cypress area, and Cunningham jumped out of the car, but was later apprehended. The other two suspects continued the pursuit into South Gate, where they were both arrested.
Police said McKay's husband was not seriously injured during the robbery. He has not been identified.
