| Updated
NEWPORT BEACH, CA — Three men suspected of carrying out a brazen attempted robbery at the Fashion Island mall in Newport Beach before running over a female victim — killing her — were charged Friday with murder and other offenses.
Leroy Ernest Joseph McCrary, 26, of Compton; Jaden Cunningham, 18, of Lancaster; and Malachi Eddward Darnell, 18, of Los Angeles; all face a possible death sentence if convicted as charged, according to the Orange County District Attorney’s Office.
The murder charge against the three suspects includes a special circumstance of murder during the commission of a robbery, along with a sentencing enhancement of killing a person over age 65.
McCrary — who prosecutors said has previous convictions for residential burglary in 2018, criminal threats in 2020 and robbery in 2023 — was also charged with felony counts of attempted second-degree robbery and evading while driving recklessly, according to Orange County District Attorney Todd Spitzer.
Darnell was additionally charged with second-degree attempted robbery and attempted murder, along with a sentencing enhancement allegation of personal use of a firearm and person discharge of a firearm.
Cunningham was also charged with attempted second-degree robbery.
The three are charged with killing 68-year-old Patricia McKay, a woman visiting Newport Beach from New Zealand with her husband.
The incident was reported around 3:30 p.m. in the parking lot of the upscale mall near the center’s Barnes & Nobles store.
According to prosecutors, Darnell and Cunningham were wearing masks when they approached McKay and her husband as they were walking outside the store.
Prosecutors allege one of the suspects put a gun to the head of McKay’s 69-year-old husband and demanded his watch as they forced him to the ground.
When they were unable to get the watch, the two suspects reportedly turned their attention to McKay, who was holding multiple shopping bags.
Cunningham allegedly dragged McKay into the street in front of a getaway car being driven by McCrary.
Prosecutors said McKay’s husband jumped in front of the vehicle in an effort to protect his wife, but McCrary, with Darnell back in the vehicle, accelerated and forced the husband out of the way before running over McKay, trapping her under the vehicle and dragging her 65 feet.
McKay was pronounced dead at the scene.
Cunningham was still on foot and running toward the getaway car while being chased by a good samaritan. This prompted Darnell to fire several shots from inside the car toward the pursuer, though no one was struck by the gunfire, authorities said.
The suspects led authorities on a pursuit north on the San Diego (405) Freeway. During the chase the driver pulled over in the Cypress area, and Cunningham jumped out of the car, but was later apprehended. The other two suspects continued the pursuit into South Gate, where they were both arrested.
Police said McKay’s husband was not seriously injured during the robbery. He has not been identified.
“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,” Orange County District Attorney Todd Spitzer said in a statement.