Alleged killers of Auckland woman Patricia McKay eligible for death penalty in California
According to authorities, all three of the people charged with killing Patricia McKay, a beloved resident of Remuera, during a failed robbery attempt are eligible for the death penalty under California law.
Following McKay’s killing in Newport Beach, south of Los Angeles, three individuals were charged with “special circumstance murder,” according to Orange County District Attorney Todd Spitzer.
The prosecution claims that McKay’s age and the fact that she passed away during an attempted robbery are aggravating elements in the homicide, which is why their murder case contains the possibility of the death penalty.
Spitzer added, “Our whole community sends its sincere condolences to Patricia McKay’s loved ones and to the entire nation of New Zealand as we mourn her senseless death in the commission of a crime that should have never happened.”
This week, Patricia, commonly known as Trish, was honoured as a loving grandmother and caring person.
Her husband, prominent Auckland businessman Doug McKay, tried to stop the getaway driver from running over his wife after he was tossed to the ground, prosecutors said.
Witness reports seeing an armed robber pointing a gun at Kiwi.
The District Attorney’s office claims that one of the men then pointed a revolver at him while attempting to take his watch.
Patricia’s body is expected to be returned to New Zealand within the next week, according to the McKay family. Family spokesman Nick Hern expressed gratitude to US officials, diplomatic personnel, and Newport Beach Mayor Will O’Neill on Saturday afternoon for their assistance in bringing her remains back to her home country.
“Once her return is confirmed we’ll advise of plans for Trish’s farewell,” Hern said.
The trio accused of her murder are Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster.
They are eligible for the death penalty if convicted of the “special circumstances murder”, a term under California law for aggravated forms of murder, prosecutors said.
Aggravating factors under the California statutes include that the murder was intentional and carried out for financial gain.
The Orange County District Attorney’s Office said the “felony enhancement” rendering the alleged murder a possible capital crime is the fact they killed an “elder over the age of 65″ in the commission of a robbery.
California executes prisoners using the lethal injection, except those convicted before its adoption who can request gas.
Patricia, 68, was at Newport Beach, about an hour’s drive south of Los Angeles, with her husband on Tuesday afternoon local time when the pair were accosted by two men at the upmarket Fashion Island shopping centre.
She died at the scene after being run over during a struggle in the bungled robbery attempt, while her husband escaped uninjured.
The District Attorney’s office said the couple were waiting for a ride after finishing shopping at Newport Beach’s Fashion Island shopping centre when a white Toyota Camry pulled up.
When the suspects, later identified as Darnell and Cunningham, were unable to get his property, Cunningham is accused of attacking McKay, who was holding several shopping bags,” the District Attorney said.
Cunningham allegedly threw Patricia to the ground and dragged her into the street in front of the getaway car driven by McCrary as he stole her bags.
Doug jumped in front of the Camry trying to stop Patricia being run over, but McCrary accelerated forward, pushing him out of the way. He then allegedly ran over Patricia, who was dragged almost 20m.
“While McCrary was dragging the woman under the car, Cunningham, who was running to try to catch up to the getaway car, was pursued by a Good Samaritan who attempted to stop him from getting back in the vehicle. Darnell is accused of shooting out at the getaway vehicle at the Good Samaritan,” the District Attorney said.
Cunningham was arrested after he bailed out of the vehicle while the other two were arrested in southern Los Angeles. All three are being held without bail.
Good Samaritan Beau Bayless, who was shot at during the chaotic incident, this week told RNZ’s Morning Report he was sorry he could not have done more.
He informed the presenter, “That poor woman was out in the middle of the street, basically fighting with two guys over her purse.”
He made the decision to step in.
“I hurried to assist her, but as I was trying to reach her, one of them entered the car and they struck her again, causing her to fall.
Her poor husband was sitting there in complete astonishment when they ran her over because there were two people in the car and one person remaining outside of it. I feel so horrible for them all; my heart is broken.
After grabbing the third suspect, Bayless informed RNZ he was shot at.
“I was very sorry for her, and after witnessing what they had done, I was desperate to contact someone to hold them accountable. It was just awful and pointless, and nobody ought to go through that.
One of McKay’s Remuera neighbours was in tears after learning on Wednesday night of his friend’s “tragic” death.
He told the Herald the couple were only just beginning to enjoy life as grandparents and she “loved being a grandmother”.
“We are all in shock.”
He said they were well-liked by their tight-knit community in Remuera.
“She was a lovely, lovely woman.”
McKay family spokesman Nick Hern issued a statement on Saturday afternoon thanking all who had helped in the wake of Patricia’s death.
“The McKay family wishes to express their deep gratitude for the support they have received over the past few days. In particular, teams from the Ministry of Foreign Affairs, the New Zealand Embassy in Washington and the office of Consulate General in Los Angeles have been extraordinary in the work they are doing helping our family, including liaising with state and federal authorities in the US,” he said.
“Thanks to this heartfelt and expert support, along with the excellent work of all the US authorities including the team from Orange County, and especially Newport Beach Mayor Will O’Neill, great progress is being made to return Trish to New Zealand and we hope to have her home within the next week.”