Alleged killers of Kiwi Patricia McKay in California refuse to attend court

• The three men charged with the murder of Patricia ‘Trish’ McKay in Newport Beach were no-shows in court.
• Aucklander Trish McKay was killed in an alleged attempted robbery gone wrong in a popular California shopping district.
• The murder-accused trio’s next court appearance is set down for Wednesday local time when they’ll be asked to enter pleas.

The three California men who allegedly murdered New Zealand woman Patricia “Trish” McKay in Newport Beach have refused to appear in court.

According to the Daily Mail, Leroy McCrary, 26, and Malachi Darnell and Jaden Cunningham, both 18, were scheduled to appear at Orange County Superior Court and enter pleas.

However, none of the trio showed up, defying an order from Judge Andre Manssourian.

It was the second time the three men had refused to turn up to court, says the Daily Mail. Last Friday, they reportedly refused to budge from their cell, which is only 180m from the courtroom.

They made brief video appearances in court after Orange County sheriff’s deputies put iPads in their cells, where they could be seen shirtless.

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.

Judge Manssourian scheduled another arraignment and plea hearing for Wednesday.

McKay, 68, was at Newport Beach, about an hour’s drive south of Los Angeles, with her husband on the afternoon of July 2 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 the shopping centre when a white Toyota Camry pulled up.

Two men in masks jumped out and attacked former BNZ and Eden Park Trust Board chairman Doug, 69. They put a gun to his head and demanded he hand over his watch.

Patricia McKay, wife of Auckland businessman Doug McKay, was killed following an attempted robbery in California. Photo / Supplied

“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 from 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.

The three men 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 lethal injection, except those convicted before its adoption who can request gas.