Three men accused of attempted robbery that killed a tourist at Fashion Island mall in Newport Beach appear in court for the first time

NEWPORT BEACH, Calif. (KABC) – The three men accused in the death of a New Zealand tourist appeared in court on Wednesday for the first time since a botched robbery at the Fashion Island shopping center in Newport Beach.

Arraignment of Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster has been postponed until August 1.

They were accused of murder and other crimes in connection with the death of 68-year-old Patricia McKay.

In addition to a special circumstance murder charge, McCrary was charged with one count of attempted second-degree robbery and one count of fleeing to avoid tax evasion. 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 personal use of a firearm and personal discharge of a firearm, prosecutors said. Cunningham is charged with attempted second-degree robbery.

If convicted as charged, they could face the death penalty.

According to police and prosecutors, Darnell and Cunningham, both masked, approached McKay and her husband as they were waiting outside the Barnes & Noble Store last week on Fashion Island.

One of the suspects put a gun to McKay’s 69-year-old husband’s head and demanded his watch while they forced him to the ground, prosecutors said.

When they failed to get the watch, the suspects allegedly turned their attention to McKay, who was holding several shopping 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. McKay’s husband was not seriously injured in the robbery, police said.

The suspects fled the scene and were eventually arrested after a chase through the region.