A man on probation for a previous armed robbery now stands accused of killing a tourist at Newport Beach’s Fashion Island mall. Leroy McCrary, 26, who once carried out an armed robbery for a Rolex, is now charged with the murder of 68-year-old New Zealand tourist Patricia "Trish" McKay.
A plea deal with Los Angeles County prosecutors allowed McCrary to avoid prison and serve probation instead. According to the Los Angeles Times, he is now charged with murder under special circumstances, which could result in the death penalty. Authorities say McCrary ran over McKay during a robbery attempt on July 2.
The incident occurred when McCrary and two others targeted Douglas McKay, aiming for his expensive watch. Allegedly, the suspects dragged Mrs. McKay into the street while trying to snatch her shopping bags.
McCrary had earlier faced robbery charges after surveillance video showed him pointing a handgun at a man's head in Santa Monica. DNA evidence connected him to the offense. Court records indicate he pleaded no contest to the robbery and was given a three-year suspended sentence, probation, and community service.
McCrary's accomplice, Donta Baker, also got probation after admitting to having stolen property. Critics believe this case underscores issues with how Los Angeles County District Attorney George Gascón manages prosecutions. Nathan Hochman, a candidate opposing Gascón, said the district attorney’s decisions might have contributed to this latest tragedy.
Los Angeles County prosecutors defended their decision in the Santa Monica case. A spokesperson stated that issues with identifying McCrary from the surveillance video and the lack of a confirmatory DNA test complicated the case. They indicated these factors led to the plea deal that resulted in McCrary being placed on probation.
In the Newport Beach case, McCrary and his co-defendants, Malachi Eddward Darnell, 18, and Jaden Cunningham, 18, are accused of confronting the McKays as they left Fashion Island mall. The suspects fled in a white Toyota Camry, which McCrary allegedly drove over Mrs. McKay, dragging her to her death.
Legal experts and police associations have voiced differing opinions on the handling of the Santa Monica case and the importance of DNA evidence in securing convictions. Defense attorney Louis Shapiro and former prosecutor Dmitry Gorin both weighed in on the significance of confirmatory DNA tests.
Orange County prosecutors are building their case against McCrary and his co-defendants in the recent fatal incident. Attorney comments were unavailable from the suspects' defense teams. The community remains focused on the legal outcome.