The suspected leader of a crew accused of killing a New Zealand tourist at Fashion Island mall is facing the possibility of spending life in prison. Leroy McCrary, along with Malachi Darnell and Jaden Cunningham, is charged with the murder of 68-year-old Patricia McKay. McCrary previously dodged prison time for armed robbery but was tied to the crime through DNA found at the scene.
Despite a plea deal in a Santa Monica armed robbery case, which resulted in probation and a suspended prison sentence, McCrary now faces charges in Orange County related to the killing at Fashion Island. During the incident, prosecutors allege that Cunningham knocked McKay to the ground and dragged her into the street, while Darnell fired a shot at a Good Samaritan. McCrary, who was allegedly driving, ran over McKay and dragged her for 65 feet.
In response to the Fashion Island killing, Orange County District Attorney Todd Spitzer criticized “soft-on-crime policies.” However, Los Angeles County District Attorney’s Office officials cited “significant problems with proof” for the outcome of the Santa Monica robbery prosecution. The DA’s statement noted challenges with identifying the suspect and obtaining admissible evidence.
Prosecutors in Orange County are pursuing special circumstances murder charges against all three suspects, with potential sentences of life without parole or the death penalty. Law professor Lawrence Rosenthal argued that the case may be overcharged and should be pursued as second-degree murder.
McCrary, Darnell, and Cunningham have not entered pleas, and McCrary had not been assigned an attorney at the time of the arraignment. Attorneys for the other two men have not publicly commented on the case. The case is still ongoing as prosecutors work to prove the suspects’ involvement in the killing of McKay.
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