Orange County prosecutors have charged a third offender and two other men with murder on allegations they ran over a 68-year-old New Zealand woman and dragged her nearly 65 feet during a robbery at Fashion Island in Newport Beach.
Prosecutors charged the third attacker, Leroy Ernest Joseph McCrary, 26, of Los Angeles; Malachi Edward Darnell, 18, also of Los Angeles; and Jaden Cunningham, 18, of Lancaster, with murder with special circumstances. They could be sentenced to death if convicted of killing Patricia McKay in the commission of a robbery, with a felony enhancement of causing the death of a person over 65. The trio was captured after leading police on a high-speed chase in Los Angeles County.
Tuesday's incidents raised questions about why McCrary had not served prison time for his prior felony convictions.
California has had a moratorium on carrying out the death penalty since 2019 and has not executed anyone since 2006.
McCrary also faces charges of attempted second-degree robbery and evading while driving recklessly. He was previously convicted of felony residential burglary in 2018, criminal threats in 2020 and robbery in 2023, all in Los Angeles County. Records show he was also convicted of being a narcotics addict in possession of a firearm in 2023.
In addition to the murder charge, Darnell faces charges of attempted second-degree robbery, attempted murder and personal use of a firearm, as well as aggravated felony personal discharge of a firearm.
Cunningham is also charged with attempted second-degree robbery, in addition to murder.
Patricia McKay and her husband Douglas McKay, a well-known Auckland businessman and leader, were waiting for a ride after shopping at Fashion Island in Newport Beach on Tuesday when a white Toyota Camry pulled up in front of the mall next to the couple and two men wearing masks jumped out. One of the men put a gun to Douglas McKay’s head and demanded he hand over his watch as they forced him to the ground, prosecutors say.
Cunningham is accused of throwing Patricia McKay to the ground while holding several shopping bags, then allegedly dragging her into the street in front of the Camry while grabbing the bags.
Douglas McKay jumped in front of the vehicle in an attempt to stop it from hitting his wife, but McCrary allegedly drove forward, pushing him out of the way and running over the woman, then dragging her body 65 feet beneath the car.
As Cunningham ran after the getaway car, another man who tried to intervene chased him. Darnell, who was already inside the car by then, is accused of firing three shots at the Good Samaritan.
After the incident, police pursued the Camry as it sped north, reaching speeds of up to 110 mph. A television news helicopter captured video of the car speeding along the left shoulder of the 105 Freeway and at one point skimming the concrete median.
Cunningham was arrested after exiting the vehicle in the town of Cypress. McCray and Darnell were later arrested in South Gate. All three defendants were being held without bail Friday.
“Our entire community extends its deepest condolences to the loved ones of Patricia McKay 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.”
New Zealand Prime Minister Christopher Luxon called Patricia McKay’s death “an absolute tragedy” and offered his condolences to the family members, whom he knows personally. Douglas McKay is a prominent 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 the Auckland Council created in 2010 for the region’s “supercity.”
In a statement, the McKay family said: “There are no words that can express our sadness as we try to come to terms with the loss of our mother, wife and friend Patricia. We ask for privacy at this time as we work through this as a family.”
In 2023, McCrary pleaded guilty to charges of robbery and narcotics addiction in possession of a firearm. He was sentenced to two years of probation with three years of state prison suspended.
Asked to explain the lack of prison time for McCrary, Los Angeles County District Attorney George Gascón said in a statement: “The case against [him] He had significant problems with the evidence. As a result of these problems, the Airport Court management team authorized a plea offer that allowed Mr. [McCrary] be released on probation with a suspended state prison sentence.”
Still, Gascón's office called the latest crimes McCrary is accused of “reprehensible.”
In announcing the charges this week, Spitzer, the Orange County prosecutor, placed part of the blame on Gov. Gavin Newsom and other California Democrats.
“Our shopping malls have become hunting grounds for criminals who prey on innocent shoppers and rob them blind,” he said in a statement, “because our Governor and our Legislature refuse to hold anyone accountable for their actions.”
