Fashion Island suspects could face death penalty in tourist’s death

Three men accused of killing a 68-year-old New Zealand woman in a robbery attempt at Fashion Island mall in Newport Beach on Tuesday could face the death penalty, including one defendant already convicted of multiple felonies.

Leroy Ernest Joseph McCrary, 26, of Los Angeles; Malachi Eddward Darnell, 18, of Los Angeles; and Jaden Cunningham, 18, of Lancaster, are accused of throwing Patricia McKay into the street, then running over her with a vehicle as they fled, according to Orange County District Attorney Todd Spitzer.

McCrary, Darnell and Cunningham allegedly held up McKay and her husband, 69, at gunpoint as the visitors from New Zealand waited for a ride after a day of shopping, prompting a struggle.

During the fracas, Cunningham tried to grab McKay’s bags, dragging her into the street, prosecutors said. Despite the efforts of McKay’s husband to save his wife, the driver accelerated, knocking him out of the way and fatally injuring McKay by dragging her 65 feet.

Darnell also fired at a good Samaritan who tried to step in, officials said.

All three were arrested after a pursuit and face a charge of a special circumstance murder in which a person over the age of 65 was killed during the commission of a robbery. They were also charged with attempted second-degree robbery, a felony.

McCrary, who was previously convicted of felonies for a residential burglary in 2018, criminal threats in 2020 and robbery in 2023, was also charged with evading while driving recklessly.

Darnell also faces charges of attempted murder, a felony enhancement of personal use of a firearm and a felony enhancement of personal discharge of a firearm.

All three are being held without bail.

In the release, Spitzer said the Orange County community “extends its deepest sympathies” to the McKay family and all of New Zealand, adding that “lawlessness and violence will not be tolerated in our society.”

“Our shopping centers and malls have become hunting grounds for criminals who are stalking innocent shoppers to rob them blind because our Governor and our Legislature refuse to hold anyone accountable for their actions,” he said. “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. This is Orange County and we refuse to accept this is the new normal. Criminals will be held accountable and violence will never be acceptable.”

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to KTLA.