The murder of a grandmother from New Zealand during a robbery in an affluent Southern California coastal town highlights the urgent need for tougher laws and enforcement to hold criminals accountable, which some lawmakers say is lacking across the state.
Orange County prosecutors have charged three people, including one man with a criminal record, with murder in connection to the death of 68-year-old Patricia MacKay, who was visiting the Fashion Island shopping centre on July 2. She was visiting Newport Beach with her husband, Douglas MacKay, a well-known figure in New Zealand and a non-executive director of National Bank Australia.
The suspects, Leroy Ernest Joseph McCrary, 26, Malachi Edward Darnell, 18, both of Los Angeles, and Jayden Cunningham, 18, of Lancaster, are charged with special circumstance murder. McCrary has a prior felony conviction, leading some to question why he has not served any prison time.
A sailboat sails through Newport Harbor, past the Balboa Fun Zone’s Ferris wheel and a panoramic view of the recently snowcapped San Gabriel Mountains, Thursday, March 2, 2023, after a historic storm dumped heavy snow and rain across Southern California. (Allen J. Schaven/Los Angeles Times via Getty Images)
“There’s clearly a disconnect between people who commit violent crimes and people who need to be taken off the streets until they’re rehabilitated,” California Assemblywoman Diane Dixon, a former Newport Beach mayor, told Fox News Digital.
In addition to the murder charge, McClary is also charged with attempted second-degree robbery and fleeing by reckless driving. Darnell is charged with attempted second-degree robbery, attempted murder, personal use of a firearm and aggravated discharge of a firearm. Cunningham is also charged with attempted second-degree robbery.
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A tourist from New Zealand was run over and killed outside a California fashion mall on Tuesday by a group of suspects who tried to rob him at gunpoint, sparking a fierce police chase that ultimately led to the arrest of three suspects. (Fox 11)
The three were arrested after a police chase in Los Angeles County and face the death penalty. In 2019, Governor Gavin Newsom ordered a moratorium on executions.
McCrary has previous felony convictions for burglary in 2018, menacing in 2020 and robbery in 2023.
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In the murder of New Zealand tourist Patricia McKay in Newport Beach, California, as police give chase and draw their guns, a shirtless suspect appears and walks backwards towards police with his hands up. (KTTV/Fox11)
“The case against Mr. McCrary had significant evidentiary problems, including the inability of witnesses to identify the suspect,” the Los Angeles County District Attorney’s Office told Fox News Digital. “As a result, the Airport Court administration team approved a plea agreement that placed Mr. McCrary on probation with a suspended state prison sentence.”
The district attorney’s office said the plea agreement was approved by a judge but noted McCrary’s conduct in Newport Beach was “reprehensible.”
Newport Beach Mayor Will O’Neill blasted Los Angeles County District Attorney George Gascón during a recent appearance on Fox & Friends.
“Please do your job and recognize who the real victims are,” he said. “The victims are Mr. and Mrs. McKay. Because you have not done your job, there are victims all over your county right now.”
The McKays were waiting outside a Barnes & Noble bookstore when a Toyota Camry pulled up and two masked men got out. According to the Orange County District Attorney’s Office, one of the men put a gun to Douglas McKay’s head, demanded his watch, and then threw him to the ground.
Unable to steal any of MacKay’s property, Cunningham allegedly attacked Patricia MacKay, who was carrying several shopping bags, before throwing her to the ground and dragging her out onto the road in front of McCrary’s getaway car and stealing her bags.
As she lay in front of the Camry, Douglas McKay tried to jump in front of the car. McKay then struck Patricia McKay with his car and dragged her 65 feet, authorities said. Darnell allegedly fired at a good Samaritan who was trying to grab Cunningham, who was chasing the getaway car. The good Samaritan eventually jumped in the car and the three fled, authorities said.
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Los Angeles County District Attorney George Gascón has established a Racial Justice Section within his office. (Brian van der Burg/Los Angeles Times via Getty Images)
Cunningham was arrested after fleeing the vehicle outside Cypress, while McCray and Darnell were arrested after a police pursuit ended in Los Angeles County.
New Zealand Prime Minister Christopher Luxon described MacKay’s murder as an “utter tragedy” and offered his condolences to the family, whom he knew personally. A spokesman for New Zealand’s Ministry of Foreign Affairs and Trade told Fox News Digital that the ministry was supporting MacKay’s family.
Orange County District Attorney Todd Spitzer placed some of the blame for the murder on Newsom, a Democrat, and the Democratic-led state Legislature.
“Our shopping centers and malls have become hunting grounds for criminals who stalk innocent shoppers and rob them of their money because our Governor and Legislature refuse to hold them accountable for their actions,” Spitzer said. “Actions have consequences, and it shouldn’t take the death of an elderly woman enjoying a shopping trip with her husband for Sacramento’s elected leaders to recognize that this is the result of soft-on-crime policies that encourage crime and sacrifice public safety.”
California Senate Minority Leader Brian Jones said California’s soft approach to crime has emboldened criminals to commit theft and violent crimes.
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The incident happened outside a Barnes & Noble in Newport Beach. (Google Maps)
“This is the state of California,” McCrary told Fox News Digital. “McCrary has been completely emboldened. He has never paid the price for the crimes he committed.”
Jones also noted the recent failed attempt by Governor Newsom and some Democrats to implement a proposed crime-fighting ballot measure to counter another effort to strengthen California’s controversial Proposition 47.
Proposition 47, approved by voters in 2014, downgraded some misdemeanors to petty offenses and set a $950 minimum for felony shoplifting. Supporters argue the law led to an increase in crime and retail theft. Proposition 36 amends Proposition 47 to increase penalties and sentences for some drug and theft crimes, increase penalties for shoplifters with two or more theft-related convictions, and add fentanyl to the list of drug offenses.
“We need to restore a minimum level of public safety that gives law enforcement the tools they need to crack down on violent criminals,” Dixon said. “If they serve their sentence and are able to rehabilitate and reintegrate back into society after serving their sentence, that’s fine. But the people who committed this murder in Newport Beach have never been sentenced for a violent crime.”
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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 have fully addressed the twin epidemics of gun violence and rising crime,” he said.
Fox News Digital has reached out to Minh’s office and the California Democratic Party.
