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Jun 25, 2025  |  
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Matt Delaney


NextImg:California robber tied to New Zealand tourist slaying got no-prison plea deal for 2022 stickup

The suspected ringleader of a California robbery crew charged with killing a New Zealand tourist in a stick-up last week was only on the streets because he received a lenient plea deal for a stick-up two years ago.

Leroy Ernest McCrary, 26, is accused of dragging 68-year-old Patricia McKay to her death during a July 2 robbery in Orange County that involved gun threats.

But this case is far from McCrary’s first encounter with felony gun and robbery charges.

According to court documents obtained by the Los Angeles Times, McCrary was given two years of probation instead of prison time for a 2022 robbery in which he stole the victim’s Rolex at gunpoint in Santa Monica.

Los Angeles prosecutors said he held the weapon to his victim’s head to force him to hand over his watch.

Even at that time, McCrary already was a repeat felon, with prior convictions on felonies involving threats and guns.

Armed robberies can put people behind bars for over 10 years in California, depending on such circumstances as the involvement of guns and the person’s prior record.

But, the prosecutors told the Times, McCrary was given probation and a suspended sentence in a plea deal rather than being sent to prison because surveillance, eyewitness and DNA evidence all had weak spots.

Now McCrary, along with 18-year-olds Malachi Eddward Darnell and Jaden Cunningham, is facing murder charges in the deadly mugging that started when prosecutors said the trio stole a watch from Mrs. McKay’s husband, Douglas.

Authorities said Mr. Cunningham and Mr. Darnell pulled up to the McKays outside a Newport Beach shopping mall and put a gun to Mr. McKay’s head, demanding his watch.

Prosecutors said Mr. Cunningham also tried to snatch Mrs. McKay’s shopping bags and yanked the 68-year-old woman in front of the robbers’ getaway car.

Mr. McKay, a prominent businessman in Auckland, tried to stop the thieves from running over his wife but was pushed out of the way by the vehicle.

Authorities said McCrary, who was driving the car, sped off and dragged Mrs. McKay 65 feet to her death.

The defendants are all being held without bond. Their next court date is scheduled for Aug. 1.

If convicted, the trio could face the death penalty in Mrs. McKay’s slaying.

• Matt Delaney can be reached at mdelaney@washingtontimes.com.