NEWPORT BEACH, Calif. (KABC) — Three men charged in connection with the death of a New Zealand tourist appeared in court Wednesday for the first time since the attempted robbery at Fashion Island mall in Newport Beach.
Arraignments for Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Edward Darnell, 18, of Los Angeles, and Jayden Cunningham, 18, of Lancaster, have been postponed until Aug. 1.
They are charged with murder and other offenses in the death of 68-year-old Patricia McKay.
In addition to the special circumstance murder charge, McCrary was charged with one count of attempted second-degree robbery and one count of reckless driving to flee. McCrary has previous felony convictions in Los Angeles County for burglary in 2018, criminal intimidation in 2020 and robbery in 2023, the statement said.
Darnell has been charged with one felony count of attempted second-degree robbery, one felony count of attempted murder, one felony count of aggravated personal use of a firearm and one felony count of aggravated personal discharge of a firearm, according to the DA’s office. Cunningham has been charged with one felony count of attempted second-degree robbery.
If convicted as charged, they could face the death penalty.
According to police and prosecutors, Darnell and Cunningham, wearing masks, approached McKay and her husband as they were walking outside the Barnes House. At the &Noble store in Fashion Island last week.
The woman who was hit and killed by a suspect’s vehicle during an attempted robbery in Newport Beach has been identified as a 68-year-old tourist from New Zealand.
Prosecutors said one of the suspects put a gun to McKay’s 69-year-old husband’s head, pushed him to the ground and demanded his watch.
Unable to obtain the watch, the suspects allegedly turned their attention to MacKay, who was carrying several shopping bags.
Cunningham was arrested after he allegedly dragged McKay in front of the getaway car driven by McCrary.
According to the district attorney’s office, McKay’s husband jumped in front of the car to protect his wife, but McCrary forced Darnell back into the car, accelerated, pushing the husband out of the way, running over McKay and pinning him under the car and dragging him 65 feet.
She was pronounced dead at the scene. Police said McKay’s husband was not seriously injured during the robbery.
The suspect fled the scene and was ultimately arrested after a police pursuit throughout the area.
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