3 charged with murder after tourist killed in Newport Beach; suspects may face death penalty

3 charged with murder after tourist killed in Newport Beach; suspects may face death penalty

Three men have been charged with murder and other offenses following the tragic death of a New Zealand tourist at Newport Beach’s Fashion Island mall. The suspects, Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, could face the death penalty if convicted. The Orange County District Attorney’s office announced that the trio is charged with the special circumstances murder of 68-year-old Patricia McKay during an attempted robbery, with an added felony enhancement for causing the death of an elder over the age of 65.

In addition to the special circumstances murder charge, McCrary faces one felony count of attempted second-degree robbery and one felony count of evading while driving recklessly. McCrary has a criminal history, including prior felony convictions for residential burglary in 2018, criminal threats in 2020, and robbery in 2023, all in Los Angeles County.

Darnell has been charged with one felony count of second-degree attempted robbery, one felony count of attempted murder, and felony enhancements for personal use and discharge of a firearm. Cunningham faces one felony count of attempted second-degree robbery.

Orange County District Attorney Todd Spitzer expressed his condolences to McKay’s loved ones and the entire country of New Zealand, mourning her senseless death. Spitzer criticized what he described as “soft-on-crime policies” that he believes encourage criminality while sacrificing public safety. “This is Orange County, and we refuse to accept this as the new normal,” he stated.

According to police and prosecutors, the incident occurred as McKay and her husband were walking outside the Barnes & Noble store at Fashion Island. Darnell and Cunningham, both wearing masks, approached the couple. One of the suspects put a gun to the head of McKay’s 69-year-old husband and demanded his watch, forcing him to the ground. When they were unable to obtain the watch, the suspects turned their attention to McKay, who was holding multiple shopping bags.

Cunningham allegedly dragged McKay into the street in front of a getaway car driven by McCrary. McKay’s husband attempted to protect his wife by jumping in front of the vehicle, but McCrary, with Darnell back in the car, accelerated, forcing the husband out of the way. McCrary then ran over McKay, trapping her under the vehicle and dragging her 65 feet. She was pronounced dead at the scene.

Cunningham, still on foot, was chased by a good Samaritan. Darnell, from inside the car, fired several shots toward the pursuer, but no one was struck by the gunfire. Cunningham eventually got into the vehicle, and the trio drove away, leading 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. McKay’s husband was not seriously injured during the robbery, police said.

The incident has left the community in shock and mourning. Patricia McKay’s death has sparked a conversation about public safety and the consequences of criminal actions. The Orange County District Attorney’s office is determined to seek justice for McKay and her family, emphasizing that lawlessness and violence will not be tolerated.

The case has also drawn attention to the criminal histories of the suspects. McCrary’s prior convictions for residential burglary, criminal threats, and robbery highlight a pattern of criminal behavior. Darnell’s charges, including attempted murder and firearm enhancements, further underscore the severity of the crime.

As the legal proceedings continue, the community remains united in support of McKay’s family and in their resolve to ensure that such a tragedy does not happen again. The potential for the death penalty in this case reflects the gravity of the crime and the commitment of the Orange County District Attorney’s office to hold the perpetrators accountable.

The tragic death of Patricia McKay serves as a stark reminder of the impact of violent crime on individuals and communities. It underscores the importance of robust law enforcement and judicial measures to protect public safety and prevent such senseless acts of violence.

Source: KABC, City News Service, NBC4

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