Orange County prosecutors have charged a third-time attacker and two other men with murder after allegedly running over a 68-year-old New Zealand woman with their car during a robbery on Fashion Island in Newport Beach. She towed nearly 65 feet.
Prosecutors charged three forwards Leroy Ernest Joseph McCrary, 26, of Los Angeles; Malachi Edward Darnell, 18, also of Los Angeles; and Jaden Cunningham, 18 (Jaden Cunningham) from Lancaster with Special Circumstances Murder. If they are convicted of the robbery-slaying of Patricia McKay, they could face the death penalty and an aggravated felony count of death of a person over 65. .
Tuesday’s incident raised questions about why McClary was not serving time in prison for a previous felony.
California has had a moratorium on executions since 2019 and has not executed anyone since 2006.
McCrary also faces felony charges of attempted second-degree robbery and reckless driving to elude. He was previously convicted of burglary in 2018, criminal threats in 2020 and robbery in 2023, all in Los Angeles County. He was also convicted in 2023 of being a drug addict in possession of a firearm, records show.
In addition to the murder charge, Darnell faces charges of attempted second-degree robbery, attempted murder, personal use of a firearm and a felony discharge of a firearm by a person.
In addition to murder, Cunningham was charged with attempted second-degree robbery.
Patricia McKay and her husband Douglas McKay, a prominent Oakland businessman and leader, were waiting for a ride Tuesday after shopping at Fashion Island in Newport Beach when a white Toyota A Toyota Camry parked outside the mall next to the couple, and two men wearing masks jumped out. According to prosecutors, one of the men put a gun to Douglas McKay’s head, demanded his watch and pushed him to the ground.
Cunningham is accused of throwing Patricia McKay to the ground while she was holding several shopping bags and then allegedly dragging her onto the street in front of the Camry while grabbing the bags.
Douglas McKay jumped in front of the car to try to stop it from running over his wife, but McCrary allegedly drove the vehicle forward, pushing him out of the way and running over the woman, then Her body was dragged 65 feet under the vehicle.
As Cunningham chased the fleeing car, another man who tried to intervene gave chase. Darnell, who was back in the car, is accused of shooting the Good Samaritan three times.
After the incident, police pursued the Camry as it traveled northbound, reaching speeds of 110 mph. A television news helicopter captured video of the car speeding on the left shoulder of Highway 105 and briefly grazing a concrete median.
Cunningham was arrested after jumping out of his car in Cypress City. McCray and Darnell were later arrested at the South Gate. All three defendants were being held without bail Friday.
“Our entire community extends our deepest sympathies to Patricia McKay’s loved ones and all of New Zealand as we mourn her senseless death as a result of a crime that should never have happened,” the Orange County District said. Atty. Todd Spitzer announced the charges in a statement. “Unlawful behavior and violence will not be tolerated in our society.”
New Zealand Prime Minister Christopher Luxon described Patricia Mackay’s death as “an absolute tragedy” and expressed his condolences to the family, who he knew personally. Douglas McKay is a well-known energy and business executive who served for several years as chairman of the Bank of New Zealand and for three years as the first chief executive of Auckland Council, which was created in 2010 for the region’s “super city”.
“No words can express our sadness as we try to come to terms with the loss of our mother, wife and friend Patricia,” the McKay family said in a statement. “As we work together as a family to resolve this issue, we Privacy is requested at this time.
In 2023, McCrary pleaded no contest to charges of robbery and drug addiction while in possession of a firearm. He was sentenced to two years probation with three years in state prison.
was asked to explain why McClary was not jailed in Los Angeles County. Atty. Georges Gascón said in a statement: “In response to [him] There are significant problems with proof. As a result of these issues, the Airport Court’s management team approved a plea offer allowing Mr. [McCrary] Sentenced to probation and sentenced to probation.
Still, Gascón’s office called McClary’s latest alleged crime “reprehensible.”
In announcing this week’s charges, Orange County Attorney Spitzer placed some of the blame on Gov. Gavin Newsom and other California Democrats.
“Our malls and malls have become a hunting ground for criminals who stalk and blindly rob innocent shoppers because our governor and Legislature refuse to hold anyone accountable for their actions,” he said in a statement.