Three LA County men charged for killing New Zealand woman during Fashion Island robbery

Three Los Angeles County men have been charged with murder after they killed a 68-year-old New Zealand woman during a robbery at Fashion Island in Newport Beach earlier this week. 

Prosecutors on Friday said that the three men, one of which is a third striker, will be charged with special circumstances murder for the deadly incident in which the woman, identified as Patricia McKay, was thrown into the street by the suspects after they robbed her on Tuesday, according to a statement from the Orange County District Attorney's Office. 

They then ran her over with their car as they fled the scene, just outside of the Barnes and Noble at the popular shopping center, dragging her for nearly 65 feet before she became dislodged from underneath the car. 

"The woman's husband tried to stop the driver from running over his wife after he was thrown to the ground and had a gun pointed at him as two of the men tried to steal his watch," the OCDA's release said. 

Prosecutors say that the New Zealand couple were waiting for a ride when the suspect's car pulled up next to them and two men wearing masks jumped out. They held the victim's husband, 69, at gunpoint and demanded his watch, forcing him to the ground. 

When they were unable to get his watch, they turned their attention to McKay, who had several shopping bags in her hands. They threw her to the ground and dragged her into the street in front of their getaway car before speeding away with her trapped underneath.

As they drove away, one of the suspects was running to catch up after being left behind but was being closely followed by a Good Samaritan. Investigators say that one of the robbers inside of the car shot at the samaritan several times during these moments. No one was struck by gunfire.

After they fled the area, they led police on a high speed pursuit that continued into the southern fringes of Los Angeles County, with the suspects sometimes fleeing at speeds surpassing 100 miles per hour. 

Eventually, the chase came to an end in the Cypress community when two of the suspects jumped out and tried to run on foot. The driver was arrested immediately while the other two were taken into custody after they were located behind trash cans in South Gate. 

They have been identified as 26-year-old Los Angeles man Leroy Ernest Joseph McCrary, 18-year-old Los angeles man Malachi Edward Darnell and 18-year-old Lancaster man Jaden Cuningham. 

The statement says that all three, who remain held without bail, are eligible for the death penalty if convicted of the special circumstances murder of the victim, Patricia McKay, which included a felony enhancement of causing the death of an elder over the age of 65.

Orange County District Attorney Todd Spitzer said that the three are eligible to face the death penalty. In 2019, Gov. Gavin Newsom implemented a moratorium on capital punishment in California. 

McCrary, who has prior felony convictions for residential burglary in 2018, making criminal threats in 2020 and robbery in 2023, has also been charged with one felony count of attempted second-degree robbery and one felony count of evading while driving recklessly.

Darnell was also charged with two felonies: second-degree attempted robbery and attempted murder as well as two felony enhancements of personal use of a firearm and personal discharge of a firearm.

Additionally, Cunningham was charged with one felony count of attempted second-degree robbery.

"Our entire community extends its deepest sympathies to the loved ones of Patricia McKay and to the entire country of New Zealand as we mourn her senseless death in the commission of a crime that should have never happened. Lawlessness and violence will not be tolerated in our society," said Orange County District Attorney Todd Spitzer. "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. ... 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."