Three men accused of killing an elderly tourist during a robbery outside a luxury mall in Newport Beach, California, defied a judge Monday, refusing to leave their jail cells and go to court to answer to murder and other charges.
Leroy McCrary, 26, and Malachi Darnell, 18, both of Los Angeles, plus Jaden Cunningham, 18, of Lancaster, California, were scheduled to appear in Orange County Superior Court in Santa Ana to be arraigned and plead guilty or not guilty.
But none of them showed up, despite the order of Judge Andre Manssourian, who had ordered them to appear after they did so last Friday during a scheduled hearing. They refused to leave the jail where they are being held, just 200 meters from the courtroom.
The three, all shirtless, appeared briefly in court by video Monday after Orange County Sheriff’s deputies managed to get iPads into their cells.
None of them spoke and Judge Manssourian scheduled a new arraignment and plea hearing for Wednesday, at which he again ordered the men to appear.
Leroy McCrary, 26, appears from his jail cell in court for the murder and robbery of Patricia McKay in Orange County Superior Court on July 8, 2024 in Santa Ana, California
Jaden Cunningham, pictured left, and Malachi Darnell, right, also refused to leave jail to appear in court Monday, appearing only virtually, thanks to an iPad they brought to their cells.
The judge seemed to question why the three did not appear in court on Monday. He said he had “heard something about a 24-hour psychiatric hold.” He also asked the officers to “let him know in writing why they are not in court now.”
“I need to know if it’s a refusal or a psychiatric admission,” he said.
The men are all accused of killing 68-year-old New Zealand tourist Patricia McKay, allegedly running her over with a car and dragging her 20 metres after attempting to rob her and her husband Douglas outside a Barnes and Noble store in the Fashion Island shopping centre.
The three, who could face the death penalty if convicted, are also charged with attempted second-degree robbery.
In addition, Darnell is charged with attempted murder and discharge of a firearm after allegedly firing a weapon at a Good Samaritan who tried to help the McKays during the July 2 incident.
New Zealander Patricia “Trish” McKay (left) was murdered in front of her husband, prominent banker Doug McKay (right), at a shopping mall in Newport Beach, California. The two were on vacation
Judge Andre Manssourian speaks during a court hearing for Jaden Cunningham, Malachi Darnell and Leroy McCrary. He questioned why none of them showed up, adding that he had heard it might be because of “a 24-hour psychiatric hold.”
And McCrary, who police said led the men on a 30-mile chase as he fled the scene of the botched robbery, also was charged with reckless driving and eluding police.
According to police, Darnell and Cunningham, both masked, jumped out of a white Toyota Camry driven by McCrary and approached the McKays as they walked outside the Barnes & Noble store.
One of the suspects allegedly put a gun to 69-year-old McKay’s head, took his watch and forced him to the ground.
When they were unable to retrieve the watch, police said, the robbers attacked McKay, who was holding several shopping bags.
As McKay tried to hold on to the bags, Cunningham allegedly dragged her out onto the street and into the white Toyota getaway car with McCrary behind the wheel.
Prosecutors say Douglas McKay jumped in front of the car to protect his wife, but McCrary, who was back in the car with Darnell, accelerated, forcing his husband out of the way. He then drove over McKay, trapping her under the car and dragging her to her death.
Police arrested McCrary, pictured, after he was forced to hide behind rubbish bins between houses after the obese drug addict lost his appetite while fleeing police following the deadly shopping centre robbery.
Trish McKay and her husband were outside a Barnes & Noble bookstore in the Fashion Island shopping center when they were approached by two men. McCrary (above) and two teens were arrested after the men fled the scene
Cunningham continued to run toward the moving getaway vehicle and attempted to jump in. A Good Samaritan chased him and attempted to stop him.
But police say the pursuer gave up the chase when Darnell fired three shots at him from the Toyota and Cunningham and his two accomplices got away. No one was hit by gunfire.
The men fled north toward Los Angeles, the Toyota reaching speeds of up to 110 mph, police said. They eventually pulled the car over and arrested all three.
The victim’s husband, Douglas McKay, a prominent businessman and community leader in New Zealand’s capital Auckland, was not injured in the incident.
Meanwhile, Los Angeles County Sheriff George Gascon and California’s Democratic Governor Gavin Newsom are facing growing anger over the fact that one of the accused men, McCrary, 26, was released on probation instead of serving time for a string of previous convictions in L.A., including one last year for a similar robbery.
Prosecutors said McCrary had previous convictions for burglary in 2018, criminal threats in 2020 and robbery in 2023 before last week’s robbery and murder.
Leroy McCrary, pictured, has a criminal past, including a chillingly similar robbery in another upscale beach community
General view of the Fashion Island Mall in Newport Beach, California, where the McKays were targeted in a robbery. It is generally considered a safe location
The scene where the three men were arrested after allegedly killing McKay. They were driving at speeds of up to 110 mph, police say
Last year, he pleaded no contest to a charge of robbery plus another of being a drug addict in possession of a firearm. Still, he was sentenced to only two years of probation and a three-year prison sentence was suspended, leaving him free to walk the streets.
“Our malls and shopping centers have become hunting grounds for criminals who prey on innocent shoppers to rob them blind because our governor and our legislature refuse to hold anyone accountable for their actions,” said Todd Spitzer, Orange County’s Republican district attorney, as he announced the charges against the three men.
He said McKay’s killing was a crime “that should never have happened,” adding: “Lawlessness and violence will not be tolerated in our society.”
Newport Beach Mayor Will O’Neill reacted angrily to McKay’s horrific murder, saying McCrary “had no place in a free society” because of his past crimes.
“Honestly, to hell with these guys… These are thugs. Every community is dealing with this right now. We have to do better as a society. We can’t tolerate this.”
When asked why McCrary did not receive a prison sentence for his prior crimes, Gascon said in a statement that “the case against him had significant evidentiary problems,” so “the court’s management team approved a plea agreement that allowed him to be placed on supervised release,” plus a suspended sentence.
DailyMail.com has asked a spokesperson for the Orange County Courthouse whether a judge there has the authority to physically compel an inmate to appear for a scheduled court hearing if he refuses to leave his cell. We have not yet received a response.