Armed Robbery at Newport Beach’s Fashion Island: Three Charged with Murder of New Zealand Tourist
On the afternoon of July 2, 2024, a tragic armed robbery targeting New Zealand tourists Patricia and Doug McKay occurred at the upscale Fashion Island Mall in Newport Beach, California. The couple, visiting from New Zealand, were accosted by a group of armed robbers shortly after finishing a shopping trip. The incident resulted in the death of Patricia McKay and led to the arrests of three suspects.
Details of the Incident
Patricia McKay, 68, and her husband Doug McKay, 69, had traveled from New Zealand to Newport Beach for a vacation. Doug McKay, a business executive, and his wife were enjoying their time shopping at Fashion Island Mall, known for its high-end stores. After purchasing several luxury items, they awaited their ride outside the mall near the Barnes & Noble bookstore.
As they waited, a white Toyota Camry pulled up, and two masked men exited the vehicle. One of the men held a gun to Doug McKay’s head, demanding his expensive watch and forcing him to the ground. The other suspect attempted to steal Patricia McKay’s shopping bags, dragging her into the street. During the struggle, Doug McKay tried to intervene by jumping in front of the moving Camry. Tragically, the driver, identified as Leroy Ernest Joseph McCrary, ran over Patricia McKay, dragging her body approximately 65 feet across the parking lot. A good Samaritan, Beau Bayless, chased the fleeing car but was forced to abandon his pursuit after one of the robbers fired three shots at him.
Eyewitnesses immediately called 911, and Newport Beach police quickly began a pursuit of the suspects’ vehicle as it sped towards Los Angeles County, reaching speeds up to 110 mph. The chase was captured by a television news helicopter, showing the car speeding on the left shoulder of the 105 Freeway and grazing the concrete median. One suspect, identified as Jaden Cunningham, was arrested after bailing out of the vehicle in Cypress. The other suspects, McCrary and Malachi Edward Darnell, were apprehended later in South Gate. All three men were charged with murder and other related offenses.
The Charges and Their Explanations
Murder Charges (Penal Code 187): The suspects, Leroy Ernest Joseph McCrary, Jaden Cunningham, and Malachi Edward Darnell, have been charged with murder under California Penal Code Section 187 for the unlawful killing of Patricia McKay. The murder charge stems from the incident where McCrary, the driver of the getaway vehicle, ran over Patricia McKay while attempting to flee the scene, resulting in her death. This act of running over Patricia McKay with the intent to escape can be classified as first-degree murder due to the implied malice and premeditation involved in using a vehicle as a weapon. First-degree murder penalties include 25 years to life in prison, with the possibility of life without parole or the death penalty due to felony enhancement. Second-degree murder, which does not require premeditation but still involves malice, can result in 15 years to life in prison.
Robbery with a Firearm (Penal Code 211): The suspects face charges under Penal Code Section 211 for using a firearm to rob Doug McKay of his possessions. During the robbery, one of the suspects held a gun to Doug McKay’s head, demanding his expensive watch and forcing him to the ground. This statute defines robbery as taking personal property from someone’s possession, against their will, using force or fear. Robbery with a firearm carries additional penalties, including up to nine years in state prison for first-degree robbery, due to the use of a deadly weapon during the commission of the crime.
Conspiracy (Penal Code 182): The suspects are also charged with conspiracy under Penal Code Section 182 for planning and executing the robbery. Conspiracy involves an agreement between two or more people to commit a crime and taking steps towards its completion. In this case, the suspects conspired to rob the McKays, coordinated their actions, and executed the plan, which led to Patricia McKay’s death. Penalties for conspiracy typically mirror those for the intended crime, which in this case include severe penalties for both robbery and murder.
Attempted Second-Degree Robbery: The suspects face additional charges for attempted second-degree robbery. During the incident, the suspects attempted to rob Patricia McKay by forcibly trying to take her shopping bags, dragging her into the street. Although the robbery was not completed, the actions taken constitute a substantial step towards committing the robbery. Penalties for attempted second-degree robbery include half the potential imprisonment time of the completed crime. In this case, if convicted, the suspects could face significant prison time for their attempted actions.
Evidence and Investigation
The investigation has yielded substantial evidence. Key pieces of evidence include eyewitness testimonies from bystanders who witnessed the robbery and subsequent events, surveillance footage from mall cameras capturing the suspects and their vehicle, and forensic evidence collected from the crime scene and the suspects’ vehicle. This evidence has been crucial in building a strong case against the accused individuals.
The suspects involved in this case have significant criminal histories that are relevant to the current charges. Leroy Ernest Joseph McCrary, 26, has prior convictions for residential burglary, criminal threats, and robbery. In 2023, McCrary pleaded no contest to charges of robbery and being a narcotics addict in possession of a firearm, receiving probation and a suspended prison sentence. His history of violent crimes and probation violations is likely to influence the severity of his sentencing. The other suspects, Jaden Cunningham and Malachi Edward Darnell, both 18, also have criminal records, though less extensive. Their involvement in this case further compounds their legal troubles.
Felony enhancements, such as the use of a firearm during the commission of a robbery and the prior criminal history of the suspects, significantly impact the severity of the sentencing. McCrary’s status as a third-striker and his previous convictions will likely lead to harsher penalties. The aggravating factors in this case, including the violent nature of the crime and the resulting death, also play a crucial role in determining the sentences.
The level of cooperation with law enforcement by the suspects can influence their sentencing. If any of the suspects choose to cooperate by providing valuable information or testimony against their co-conspirators, they may receive reduced sentences. However, given the seriousness of the charges and the evidence against them, substantial reductions are unlikely unless significant new information is provided.
