Three men accused of killing wealthy tourist outside upscale Newport Beach mall finally appear in court after refusing to leave their jail cells

Three men accused of killing an aged female tourer during a robbery extracurricular an upscale shopping mall successful Newport Beach, CA, yet made an quality successful tribunal Wednesday to look execution and different charges.

Leroy McCrary, 26 and Malachi Darnell, 18, some of LA, positive Jaden Cunningham, 18, of Lancaster, CA showed up successful personification astatine Orange County Superior Court aft doubly refusing to time off their jailhouse cells to look astatine scheduled arraignments past Monday and Friday.

At a proceeding Wednesday successful a Santa Ana courtroom, Judge Andre Manssourian, continued their arraignment till August 1 aft being told defense lawyers that they were ‘not fresh to proceed’ yet.

The defense attorneys besides objected to media photos of nan defendants being taken successful court.

‘It would beryllium intolerable to find a assemblage successful this region that would beryllium adjacent and unbiased successful ray of nan wide publicity astir this case,’ Cunningham’s lawyer, Ray Chen told nan Judge.

Chen besides protested astir photos of nan 3 defendants ‘shirtless’ successful their jailhouse cells, published this week, calling nan pictures ‘prejudicial.’

Darnell’s attorney, Kate Corrigan, objected to ‘my client’s look being pictured’ because location ‘could beryllium an personality rumor here.’

Judge Manssourian denied nan defense petition to prohibition cameras from nan courtroom. 'Media return photos routinely astatine our arraignments,’ he said

And arsenic for nan shirtless photos, nan judge gestured toward nan 3 defendants - Wednesday each wearing orangish situation overalls and waving to family members successful nan courtroom from down a solid sheet and metallic grill, - saying, ‘This is an opportunity to beryllium depicted successful nan due Orange County jailhouse clothes.’

The men are each charged pinch murdering New Zealand tourer Patricia McKay, 68, by moving her complete pinch a car and dragging her 65 feet aft trying to rob her and her hubby Douglas extracurricular a Barnes and Noble shop astatine Fashion Island mall.

The 3 - who could look nan decease punishment if convicted - are besides accused of attempted 2nd grade robbery.

In addition, Darnell is charged pinch attempted execution and discharging a firearm aft allegedly firing a weapon astatine a Good Samaritan who was trying to thief nan McKays during nan incident July 2.

And McCrary - who was free connected probation during nan botched robbery moreover though he was convicted past twelvemonth of stealing a Rolex watch astatine gunpoint - was besides charged pinch evading constabulary while driving recklessly during a 30 mile positive high-speed car chase.

Police opportunity that Darnell and Cunningham, some wearing masks, jumped retired of a achromatic Toyota Camry driven by McCrary and accosted nan McKays arsenic they were stepping extracurricular nan Barnes & Noble store.

One of nan suspects allegedly put a weapon to nan caput of Mr. McKay, 69, demanding his watch and forcing him to nan ground.

When they couldn’t get nan watch, opportunity cops, nan robbers turned connected Mrs. McKay, who was holding respective shopping bags.

As Mrs. Mckay fought to bent connected to nan bags, Cunningham allegedly dragged her into nan thoroughfare successful beforehand of nan achromatic Toyota getaway car pinch McCrary astatine nan wheel.

Prosecutors opportunity Douglas McKay jumped successful beforehand of nan conveyance to protect his wife, but McCrary, pinch Darnell backmost successful nan car, accelerated and forced nan hubby retired of nan way, past ran complete Mrs. McKay, trapping her nether nan conveyance and dragging her 65 feet to her death.

Cunningham was still moving toward nan moving flight vehicle, trying to jump successful and a Good Samaritan was chasing him, trying to extremity him.

But, according to cops, nan pursuer gave up nan pursuit erstwhile Darnell fired 3 shots toward him from nan Toyota and Cunningham sewage distant pinch his 2 accomplices. Nobody was deed by gunfire.

The men fled northbound toward LA pinch nan Toyota reaching speeds of up to 110mph, opportunity police, who yet were capable to propulsion nan car complete and apprehension each three.

The victim’s hubby Douglas McKay - a salient businessman and organization leader successful New Zealand’s capital, Auckland - was not injured successful nan incident.

Meanwhile Los Angeles County Sheriff George Gascon - and CA Democrat Governor Gavin Newsom - are facing a increasing large wind of anger complete why 1 of nan accused men, McCrary, was free connected probation alternatively of down bars for a drawstring of earlier LA convictions, including 1 past twelvemonth for a akin robbery.

Prosecutors opportunity that earlier past week’s robbery and killing, McCrary had anterior convictions for residential burglary successful 2018, criminal threats successful 2020, and stealing a Rolex astatine gunpoint successful Santa Monica successful 2023.

He pleaded nary congest past twelvemonth to nan robbery complaint positive different of being a supplier addict successful possession of a firearm. Yet he was only sentenced to 2 years probation and a three-year situation condemnation was suspended, leaving him free connected nan streets.

‘Our shopping centers and malls person go hunting grounds for criminals who are stalking guiltless shoppers to rob them unsighted because our Governor and our Legislature garbage to clasp anyone accountable for their actions,’ blasted Republican Orange County District Attorney Todd Spitzer erstwhile he announced nan charges against nan 3 men.

He said that Mrs. McKay’s execution was a crime ‘that should person ne'er happened,’ adding, ‘Lawlessness and unit will not beryllium tolerated successful our society.’

Newport Beach Mayor Will O'Neill reacted pinch anger to nan horrendous slaying of Mrs McKay, saying that McCrary 'shouldn't person been successful free society' because of his past crimes.

‘Frankly, to hellhole pinch these guys… These are thugs. Every organization is now dealing pinch this. We person to do amended arsenic a society. We cannot tolerate this.'

And Gascon’s force successful nan November predetermination for LA DA, said Gascon’s ‘malpractice appears to person costs different life.’

Asked to explicate why McCrary didn’t get jailhouse clip for his erstwhile crimes, Gascon said successful a connection that ‘the lawsuit against him had important problems pinch proof’ truthful ‘the guidance squad astatine nan tribunal authorized a plea connection that allowed him to beryllium placed connected probation,’ positive a situation condemnation that was suspended.

Newport Beach Mayor Will O’Neill was successful tribunal Wednesday and aft nan proceeding he threw different jab astatine LA County DA George Gascon complete 1 of nan defendants, Leroy McCrary, being allowed free connected probation alternatively of being jailed aft being convicted of a akin robbery past year. 

‘He had respective anterior felonies,’ said O’Neill. ‘I do not understand nan LA system’ …. wherever criminals walk truthful small clip successful jail.’ 

He said that looking astatine nan 3 accused young men successful tribunal Wednesday, he ‘felt a substance of anger and sadness that these 3 made specified really atrocious choices.’

O’Neill said he was astatine tribunal Wednesday representing nan family of fatal unfortunate Patricia McKay and nan City of Newport Beach, which he dubbed ‘one of nan safest communities successful nan world.’ 

Calling nan slaying of Mrs. McKay ‘horrendous and horrific,’ he said that her heart-broken husband, Douglas McKay, has now returned to New Zealand pinch family members. He noted that nan McKays had been joined almost 50 years and added, ’Now they’re not going to make it to their 50th anniversary.'