Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, "are eligible for the death penalty if they are convicted of the special circumstances murder of 68-year-old Patricia McKay in the commission of a robbery with a felony enhancement of causing the death of an elder over the age of 65," the Orange County District attorney's office said in a news release.
In addition to the special circumstances murder charge, McCrary has been charged with one felony count of attempted second-degree robbery, and one felony count of evading while driving recklessly. McCrary has prior felony convictions for residential burglary in 2018, criminal threats in 2020, and robbery in 2023, all in Los Angeles County, the statement said.
Darnell has also been charged with one felony count of second-degree attempted robbery, one felony count of attempted murder, and one felony enhancement of personal use of a firearm and one felony enhancement of personal discharge of a firearm, the DA's office said. Cunningham has also been charged with one felony count of attempted second-degree robbery.
In a statement, Orange County District Attorney Todd Spitzer expressed condolences to McKay's loved ones "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.
"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," Spitzer added. "This is Orange County and we refuse to accept this is the new normal."
According to police and prosecutors, Darnell and Cunningham, both wearing masks, approached McKay and her husband as they were walking outside the Barnes & Noble store at Fashion Island.
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, prosecutors said. When they were unable to get the watch, the suspects allegedly turned their attention to McKay, who was holding multiple shopping bags.
Cunningham is accused of dragging McKay into the street in front of a getaway car being driven by McCrary.
According to the DA's office, 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, then ran over McKay, trapping her under the vehicle and dragging her 65 feet.
She was pronounced dead at the scene.
Cunningham was still on foot and running toward the moving vehicle, chased by a good Samaritan, prompting Darnell to fire several shots from inside the car toward the pursuer. No one was struck by the gunfire.
Cunningham ultimately got into the vehicle and the trio drove away.
The suspects led authorities on a pursuit north on the 405 Freeway. During the chase the driver pulled over in the Cypress area, and Cunningham jumped out of the car, but was later apprehended, prosecutors said. The other two suspects continued the pursuit into South Gate, where they were both arrested.
McKay's husband was not seriously injured during the robbery, police said.
City News Service contributed to this report.