In today’s headlines with Chereè Kinnear, New Zealand tourist tragically killed in a California robbery, the Government’s plans for the housing market and voting to open in the UK.
The trio accused of killing much loved Remuera woman Patricia McKay during a botched robbery are eligible for the death penalty under California law, prosecutors say.
Orange County District Attorney Todd Spitzer said three men had been charged with “special circumstance murder” after the death of McKay, 68, in Newport Beach south of Los Angeles.
Their murder charge carries the possibility of a death penalty because of what prosecutors say are aggravating factors in the killing, including McKay’s age and the fact she died during an attempted robbery.
“Our entire community extends its deepest sympathies to the loved ones of Patricia McKay 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,” Spitzer said.
Patricia, also known as Trish, was remembered this week as a kind person and doting grandmother.
Her husband, prominent Auckland businessman Doug McKay, tried to stop the getaway driver from running over his wife after he was tossed to the ground, prosecutors said.
He then had a gun pointed at him by one of the men, who were trying to steal his watch, according to the District Attorney’s office.
Meanwhile, the McKay family says they are hoping to have Patricia’s body returned to New Zealand within the next week. On Saturday afternoon, family spokesman Nick Hern thanked diplomatic staff and US authorities, including Newport Beach Mayor Will O’Neill, for their help with the repatriation of her body.
“Once her return is confirmed we’ll advise of plans for Trish’s farewell,” Hern said.
The trio accused of her murder are Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster.
They are eligible for the death penalty if convicted of the “special circumstances murder”, a term under California law for aggravated forms of murder, prosecutors said.
Aggravating factors under the California statutes include that the murder was intentional and carried out for financial gain.
The Orange County District Attorney’s Office said the “felony enhancement” rendering the alleged murder a possible capital crime is the fact they killed an “elder over the age of 65″ in the commission of a robbery.
California executes prisoners using the lethal injection, except those convicted before its adoption who can request gas.
Patricia, 68, was at Newport Beach, about an hour’s drive south of Los Angeles, with her husband on Tuesday afternoon local time when the pair were accosted by two men at the upmarket Fashion Island shopping centre.
The District Attorney’s office said the couple were waiting for a ride after finishing shopping at Newport Beach’s Fashion Island shopping centre when a white Toyota Camry pulled up.
The scene at Newport Beach, California, where Kiwi tourist Patricia McKay died as she fought back against her armed attackers before being run down by a car.
Two men in masks jumped out and attacked former BNZ and Eden Park Trust Board chair Doug, 69. They put a gun to his head and demanded he hand over his watch.
“When the suspects, later identified as Darnell and Cunningham, were unable to get his property, Cunningham is accused of attacking McKay, who was holding several shopping bags,” the District Attorney said.
Cunningham allegedly threw Patricia to the ground and dragged her into the street in front of the getaway car driven by McCrary as he stole her bags.
Doug jumped in front of the Camry trying to stop Patricia being run over, but McCrary accelerated forward, pushing him out of the way. He then allegedly ran over Patricia, who was dragged almost 20m.
“While McCrary was dragging the woman under the car, Cunningham, who was running to try to catch up to the getaway car, was pursued by a Good Samaritan who attempted to stop him from getting back in the vehicle. Darnell is accused of shooting out at the getaway vehicle at the Good Samaritan,” the District Attorney said.
Cunningham was arrested after he bailed out of the vehicle while the other two were arrested in southern Los Angeles. All three are being held without bail.
Good Samaritan Beau Bayless, who was shot at during the chaotic incident, this week told RNZ’s Morning Report he was sorry he could not have done more.
“That poor woman was out in the middle of the street, basically fighting with two guys over her purse” he told the broadcaster.
He decided to intervene.
“So I ran over to try to help, and that’s when they hit her the first time and she went down, and I’m still trying to get to her and then one of them got into the car.
“So there was two in the car and one still outside of the vehicle - and that’s when they ran her over, and her poor husband was sitting there in just absolute shock. My heart goes out to all of them, like, I feel so bad.”
Bayless told RNZ he managed to grab the third suspect but was then shot at.
“I felt terrible for her, and then when I saw what they did, I wanted to get a hold of one so they could answer for that. It was just senseless and horrible and no one should have to experience that.”
“The McKay family wishes to express their deep gratitude for the support they have received over the past few days. In particular, teams from the Ministry of Foreign Affairs, the New Zealand Embassy in Washington and the office of Consulate General in Los Angeles have been extraordinary in the work they are doing helping our family, including liaising with state and federal authorities in the US,” he said.
“Thanks to this heartfelt and expert support, along with the excellent work of all the US authorities including the team from Orange County, and especially Newport Beach Mayor Will O’Neill, great progress is being made to return Trish to New Zealand and we hope to have her home within the next week.”
