Three people charged with murder after tourist killed at Fashion Island mall in Newport Beach; prosecutor says suspects could face death penalty

NEWPORT BEACH, Calif. (KABC) – Three men have been charged with murder and other crimes in connection with the death of a tourist from New Zealand who was fatally run over during an attempted robbery at Fashion Island mall in Newport Beach, prosecutors said Friday.

Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, “may be subject to the death penalty if convicted of the murder of 68-year-old Patricia McKay under special circumstances during the commission of a robbery with the additional offense of killing an elderly person over the age of 65,” the Orange County District Attorney’s Office said in a press release.

In addition to the special circumstances murder charge, McCrary was charged with one count of attempted second-degree robbery and one count of fleeing while driving. McCrary has previous convictions for residential burglary in 2018, criminal threatening in 2020 and robbery in 2023, all in Los Angeles County, the statement said.

Darnell was also charged with attempted second-degree robbery, attempted murder and a penalty enhancement for personal use of a firearm and a penalty enhancement for personal discharge of a firearm, prosecutors said. Cunningham was also charged with attempted second-degree robbery.

In a statement, Orange County District Attorney Todd Spitzer expressed his condolences to McKay’s family and the entire country of New Zealand. “We mourn her senseless death in the commission of a crime that should never have happened.”

“Actions have consequences and it shouldn’t take the death of an elderly woman who was just enjoying a day of shopping with her husband for our elected leaders in Sacramento to realize that this is the result of their lenient crime policies that encourage crime while sacrificing public safety,” Spitzer added. “This is Orange County and we refuse to accept that this is the new normal.”

According to police and prosecutors, Darnell and Cunningham, both masked, approached McKay and her husband as they walked outside Barnes Market. & Noble store on Fashion Island.

One of the suspects put a gun to McKay’s 69-year-old husband’s head and demanded his watch while forcing him to the ground, prosecutors said. When they couldn’t get the watch, the suspects allegedly turned their attention to McKay, who was holding several grocery bags.

Cunningham is accused of dragging McKay onto the street in front of the getaway car driven by McCrary.

According to prosecutors, McKay’s husband jumped in front of the vehicle to protect his wife, but McCrary, who was in the car with Darnell, sped up and forced the husband out of the way. He then ran over McKay, pinning her under the vehicle and dragging her 65 feet.

She was pronounced dead at the scene.

Cunningham was still on foot and ran toward the moving vehicle, pursued by a Good Samaritan, which prompted Darnell to fire several shots at the pursuer from the car. No one was hit by the shots.

Cunningham eventually got into the vehicle and the trio drove away.

The suspects led authorities on a chase north on the 405 Freeway. During the chase, the driver stopped in the Cypress area and Cunningham jumped out of the car but was later arrested, prosecutors said. The other two suspects continued the pursuit to South Gate, where they were both arrested.

McKay’s husband was not seriously injured in the robbery, police said.

City News Service contributed to this report.