3 Suspects Enter Not Guilty Pleas in California Mall Murder of New Zealand Tourist
Three Los Angeles County men accused of carrying out a deadly armed robbery at Fashion Island pleaded not guilty on Thursday, Aug. 1, to special circumstances murder charges in the death of a 68-year-old New Zealand woman who was dragged to her death under a getaway car at the upscale shopping center.
During a brief hearing in a Santa Ana courtroom, a defense attorney entered not-guilty pleas on behalf of Leroy Ernest Joseph McCrary, Malachi Eddward Darnell, and Jaden Cunningham, all of whom prosecutors allege were responsible for Patricia McKay’s death during a robbery.
The defendants, who watched the proceedings from a holding cell on the side of the courtroom, spoke briefly during the hearing when they confirmed to Orange County Superior Court Judge Michael J. Cassidy that they had agreed to schedule their next court appearance for October 11. All three are being held in county jail with no bail.
The audacious midday robbery attempt and death have sparked national and international attention, as well as residents’ alarm. Newport Beach Mayor Will O’Neill attended Thursday’s arraignment after previously telling reporters that he was there to represent the victim’s family and the city.
Around 3:30 p.m. on Tuesday, July 2, McKay and her husband were waiting to be picked up outside Fashion Island when a white Toyota Camry came up next to them, and two masked men got out.
Prosecutors allege that one of the men held a gun to McKay’s husband’s head, forced him to the ground, and demanded his watch. When the burglars couldn’t retrieve the clock, one of them grabbed a shopping bag McKay was holding, knocking her down, and dragged her into the road, according to authorities.
The getaway driver reportedly ran over McKay and dragged her for 65 feet.
A Good Samaritan later recalled attempting to stop one of the robbers from fleeing, only to have another fire a shot at him. A police pursuit led to the arrest of all three individuals.
Prosecutors have identified McCrary, 26, as the getaway driver who ran over McKay; Cunningham, 18, as the masked man who snatched McKay’s shopping bag and dragged her across the road; and Darnell, 18, as the second masked man who fired a pistol at the Good Samaritan.
The three men’s defense counsel has not made any public comments about the case or the prosecution’s claims.
Because the men are charged with extraordinary circumstances murder, prosecutors must eventually decide whether to pursue life without parole or the death penalty. The county’s top prosecutor, DA Todd Spitzer, typically makes such a judgment much later in the court process, following internal deliberations among his senior prosecutors and supervisors, as well as advice from defense attorneys.
McCrary, the probable leader of the team that carried out the Fashion Island heist turned murder, had previously avoided jail for a similar armed robbery in Santa Monica.
In September 2022, Santa Monica police say McCrary and another guy, both dressed in masks and armed with firearms, attacked another man, demanded his Rolex watch, and then left in a waiting vehicle. DNA found on the victim’s clothes helped authorities connect McCrary to the heist, and he was arrested in January 2023.
McCrary later accepted a plea agreement offered by Los Angeles prosecutors. In exchange for pleading no contest to a robbery charge, he received two years of probation and a three-year prison sentence deferred. As a result, McCrary spent only five days in county jail after his arrest for the Santa Monica heist.
Officials with the Los Angeles District Attorney’s Office have stated that they had “significant problems with proof” relating to the Santa Monica heist, prompting them to give McCrary the plea agreement.
Witnesses were unable to identify the thieves, surveillance video did not show their faces, and the “preliminary” DNA testing that purportedly linked McCrary to the victim’s clothes were not admissible in court, according to Los Angeles District Attorney officials.
LA DA officials have stated that they are prepared to assist the Orange County prosecution if necessary. However, the fact that McCrary was free at the time of the Fashion Island assassination has prompted OC DA Spitzer, a frequent opponent of LA County’s top prosecutor, George Gascon, to once again condemn state authorities for what he has termed as “soft-on-crime policies.”