Three men accused of killing Patricia McKay plead not guilty in California court

The three men accused of murdering New Zealander Patricia McKay in a botched robbery in California last month have pleaded not guilty to charges of murder.

The 68-year-old was killed outside a mall in Newport Beach during an attempted robbery when she was hit by one car of the alleged offenders.

Jaden Cunningham, Malachi Eddward Darnell and Leroy Ernest Joseph McCrary have each been charged with murder.

According to the Los Angeles Daily News, the three men watched the proceedings from a holding cell on the side of the courtroom, speaking only during the hearing.

They told Orange County Superior Court Judge Michael J. Cassidy that they agreed to schedule their next court appearance on October 11.

They are being held in county jail without bail.

Newport Beach Mayor Will O’Neill was again in attendance at Thursday’s arraignment, after telling reporters following an earlier hearing that he was there to represent the victim’s family and the community, Los Angeles Daily News journalist Sean Emery said.

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.

Last month, the three men refused to leave their cells and appear in court.

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.

Patricia and Doug McKay. Photo / Supplied

McKay 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.

“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.

Mckay was farewelled in a ceremony held at the Cathedral of St Patrick and St Joseph in central Auckland late last month. A wake followed at Eden Park, where Doug previously served as chairman for eight years.

Every pew inside the cathedral was occupied by mourners and well-wishers, among them the Deputy Mayor of Auckland Desley Simpson and her husband, businessman and former politician Peter Goodfellow.

The celebrants for the service were Monsignor Bernard Kiely, Bishop Patrick Dunn and Father Stephen Berecz. Father Kiely began the service: “Never would we have imagined we would be standing here just a few weeks ago.”

The processional song was Ave Maria, with McKay’s coffin carried in by pallbearers who included her sons Matthew McKay, Sam McKay and Wyatt McKay. The organist for the service was Nicholas Forbes, and opera singer Elizabeth Sayegh sang as a soloist.