Orange County mall murder suspects, charged in the death of New Zealand tourist, plead not guilty

CBS News Los Angeles

The three men facing murder charges in the botched robbery attempt that led to the death of a 68-year-old New Zealand tourist outside the Newport Beach mall earlier this month, pled not guilty in court Thursday.  

Leroy Ernest Joseph McCrary, 26, Jaden Cunningham, 18, and Malachi Eddward Darnell, 18, are charged with murder, with a special allegation of murder in the commission of a robbery with a potential felony sentencing enhancement for causing the death of an elder over the age of 65. 

On the afternoon of July 2, Patricia McKay and her husband had finished shopping at Fashion Island and were waiting for a ride when the mayhem happened. Two men wearing masks jumped out of a car that pulled up next to the New Zealand couple, demanding the husband's watch at gunpoint, prosecutors said. 

They weren't able to get the watch, and McKay was thrown to the ground as one of the suspects tried to steal her shopping bags. Cunningham allegedly threw McKay to the ground, then he allegedly dragged her into the street and in front of the getaway car.

McKay's husband tried to save her by jumping in front of the car, but she was ultimately run over. The car dragged her body 65 feet, prosecutors said.  

At the time, Darnell was allegedly inside the car with McCrary. As the car dragged McKay, prosecutors say, Cunningham was trying to catch up with the getaway car as a bystander tried stopping him. Darnell allegedly fired shots out of the vehicle at the Good Samaritan while McCrary allegedly slowed down so Cunningham could get back in the car as they fled. 

Witnesses said everyone tried to take cover after hearing three to four gunshots. 

After fleeing the scene, the three suspects led authorities on a chase into Los Angeles County, reaching speeds up to 110 mph on the westbound 105 Freeway, authorities said. 

With the suspects jumping out of the car near Los Alamitos, and later South Gate, they were all eventually taken into custody. 

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