Prosecutors said on Friday that three individuals had been charged with murder and other counts in relation to the death of a New Zealand tourist who was ran over during an attempted robbery at the Fashion Island mall in Newport Beach.
The Orange County District Attorney’s office released a news release stating that Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, “are eligible for the death penalty if they are convicted of the special circumstances murder of 68-year-old Patricia McKay in the commission of a robbery with a felony enhancement of causing the death of an elder over the age of 65.”
Apart from the accusation of exceptional circumstances murder, McCrary is facing two additional felonies: one for attempted second-degree robbery and another for reckless driving and evasion.
According to the statement, McCrary has prior felonies for robbery in 2023, criminal threats in 2020, and home burglary in 2018. All of these incidents occurred in Los Angeles County.
In addition, Darnell faces charges of one case of attempted second-degree robbery, one count of attempted murder, and two counts of enhancement of personal use of a handgun and enhancement of personal discharge of a firearm, according to the DA’s office.
Cunningham faces a single felony charge of attempting to commit second-degree robbery.
Todd Spitzer, the district attorney for Orange County, sent his sympathies to McKay’s family in a statement, stating, “We mourn her senseless death in the commission of a crime that should have never happened.”
“Actions have consequences and it shouldn’t have to result in the death of an elderly woman just enjoying a day of shopping with her husband for our elected leaders in Sacramento to realize that this is the product of their soft-on-crime policies which encourage criminality while sacrificing public safety,” Spitzer continued. “This is Orange County and we refuse to accept this is the new normal.”
Police and prosecutors said that while McKay and her husband were strolling outside the Barnes & Noble store on Fashion Island, two people—Darnell and Cunningham—who were both wearing masks approached them.
Prosecutors alleged that one of the defendants forced McKay’s 69-year-old husband to the ground while brandishing a gun to his head and demanding to see his watch.
The suspects apparently switched their focus to McKay, who was carrying several shopping bags, when they were unable to obtain the watch.
Cunningham is charged with dragging McKay out into the street in front of McCrary’s getaway vehicle.
The DA’s office claims that McKay’s husband attempted to shield his wife by jumping in front of the car, but McCrary, who had Darnell back in the car, accelerated and moved the husband aside before running over McKay, trapping her beneath the car and dragging her 65 feet.
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At the scene, she was pronounced deceased.
Darnell fired multiple bullets from inside the automobile towards the person pursuing Cunningham, who was still on foot and racing towards the moving vehicle. The good Samaritan was pursuing Cunningham. There was no one hit by the shooting.
In the end, Cunningham got into the car, and the three of them departed.
Authorities pursued the suspects north on the 405 Freeway. Cunningham leaped out of the car when the driver stopped in the Cypress area during the pursuit, but prosecutors claimed he was eventually taken into custody. After pursuing the other two suspects into South Gate, they were both taken into custody.
According to authorities, McKay’s husband was not gravely hurt during the crime.
