The killing of a grandmother from New Zealand during a robbery in an affluent coastal Southern California town highlights the pressing need for tougher laws and enforcement to hold criminals accountable, something some lawmakers say has been lacking across the state.
Orange County prosecutors have charged three men, one of whom has prior convictions, with murder for the death of Patricia McKay, 68, who was visiting Newport Beach with her husband, Douglas McKay, a well-known figure in New Zealand who serves as a non-executive director of National Bank Australia, when they were visiting the Fashion Island shopping center on July 2.
The suspects, Leroy Ernest Joseph McCrary, 26; Malachi Edward Darnell, 18, both of Los Angeles; and Jaden Cunningham, 18, of Lancaster, are charged with with special-circumstances murder. McCrary has prior felony convictions, raising questions by some about why he had not served any prison time.
"We clearly have a disconnect between people who commit violent crime and need to be taken off the streets until they are rehabilitated," California Assemblywoman Diane Dixon, who previously served as the mayor of Newport Beach, told Fox News Digital.
In addition to the murder charge, McCrary is also charged with second-degree attempted robbery and evading while driving recklessly. Darnell faces charges of second-degree attempted robbery, attempted murder, and personal use of a firearm and a felony enhancement of personal discharge of a firearm. Cunningham is also charged with attempted second-degree robbery.
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The trio were arrested following a high-speed police chase in Los Angeles County. They could face the death penalty. In 2019, Gov. Gavin Newsom issued a moratorium on carrying out executions.
McCrary has prior felony convictions for residential burglary in 2018, criminal threats in 2020 and robbery in 2023.
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"The case against Mr. McCrary had significant problems with proof, including witnesses who were unable to identify the suspects," the Los Angeles County District Attorney's Office told Fox News Digital. "As a result, the management team at the Airport Court authorized a plea offer that allowed Mr. McCrary to be placed on probation with a suspended state prison sentence."
The DA's office noted that the plea deal was approved by a judge but that McCrary's alleged actions in Newport Beach were "reprehensible."
Current Newport Beach Mayor Will O'Neill railed against Los Angeles County District Attorney George Gascon during a recent appearance on "Fox & Friends."
"Do your job, and recognize who the actual victims are," he said. "The victims are the McKays. The victims are all over your county right now, because you're not doing your job."
The McKays were outside a Barnes & Noble book store waiting for a ride when a Toyota Camry pulled up, and two men wearing masks got out. One of them put a gun to Douglas McKay's head and demanded his watch before forcing him to the ground, the Orange County District Attorney's Office said.
When they were unable to get McKay's property, Cunningham allegedly attacked Patricia McKay, who was holding several shopping bags. He then allegedly threw her to the ground and dragged her into the street in front of the getaway car being driven by McCrary as he stole her bags.
As she laid in front of the Camry, Douglas McKay tried to jump in front of the car. McCrary then drove over Patricia McKay and dragged her 65 feet, authorities said. Darnell is accused of shooting at a good Samaritan trying to catch Cunningham, who was running after the getaway vehicle. He eventually jumped in, and the three men fled, authorities said.
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Cunningham was arrested after bailing out of the vehicle in the suburb of Cypress, and McCray and Darnell were arrested later after the police chase ended in Los Angeles County.
New Zealand Prime Minister Christopher Luxon described McKay’s killing as "an absolute tragedy," and extended condolences to family members, whom he knows personally. A spokesperson for the New Zealand Ministry of Foreign Affairs and Trade told Fox News Digital that the agency was assisting the McKay family.
Orange County District Attorney Todd Spitzer put some of the blame for the killing on Newsom, a Democrat, and the Democratic-led state Legislature.
"Our shopping centers and malls have become hunting grounds for criminals who are stalking innocent shoppers to rob them blind because our governor and our Legislature refuse to hold anyone accountable for their actions," Spitzer said. "Actions have consequences, and it shouldn’t have to result in the death of an elderly woman just enjoying a day of shopping with her husband for our elected leaders in Sacramento to realize that this is the product of their soft-on-crime policies, which encourage criminality while sacrificing public safety."
Because of a soft-hands approach to crime, criminals in California feel emboldened to steal and commit violent crimes, said California Senate Minority Leader Brian Jones.
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"This is where we're at in California," he told Fox News Digital. "He (McCrary) was completely emboldened. He's never paid any price for his prior crimes."
Jones also cited a recently failed effort by Newsom and some Democrats to follow through with a proposed anti-crime ballot measure to compete against another initiative that would strengthen California's controversial Proposition 47.
Prop 47, a 2014 voter-approved ballot initiative, downgraded some lower-level crimes to misdemeanors and put in place a $950 threshold for shoplifting felonies. Backers argue that the law has resulted in an increase in crime and retail thefts. Prop 36 would reform Prop 47 by raising penalties and sentences for some drug and theft offenses and increase punishments for convicted shoplifters with two or more prior theft-related convictions and adding fentanyl to the list of drug offenses.
"We need to get back to some modicum of public safety that gives law enforcement the tools it needs to take care of violent criminals," Dixon said. "If they can be in the process of their sentencing and their time in prison can be rehabilitated and returned to the community, OK, but these people who committed this murder, in Newport Beach, were never sentenced for their violent crimes."
In a statement released shortly after Patricia McKay's killing, California State Sen. Dave Min, a Democrat who represents Newport Beach, said he was committed to improving public safety.
"We cannot rest until we fully address the twin epidemics of gun violence and rising crime," he said.
Fox News Digital has reached out to Min's office and the California Democratic Party.
