Death penalty possible for suspects who killed New Zealand tourist Patricia McKay in Newport Beach

The trio accused of killing the wife of business mogul Doug McKay in a botched robbery may face a horrific outcome in court.

The three men who allegedly murdered New Zealand tourist Patricia ‘Trish’ McKay during a botched robbery attempt at a ritzy shopping centre in Newport Beach may face the death penalty.

According to local media, prosecutors may consider pursuing capital punishment for Ms McKay’s death.

In California, the execution of prisoners is by the lethal injection, except those convicted before its adoption who can request gas. However, as reported byLA Times, California has had a moratorium on carrying out the death penalty since 2019 and has not executed anyone since 2006.

Mrs McKay and her business mogul husband, Doug McKay, were standing outside the Fashion Island shopping centre in Newport Beach on July 2 when two men allegedly approached them at gunpoint.

It is alleged that one of the men dragged Mrs McKay into the street, in front of their getaway car, while trying to grab her shopping bags.

68-year-old Patricia McKay from New Zealand was killed after being struck by a fleeing car in Newport Beach California. Picture: ABC7 LA

One of the suspects arrested. Picture: CBS News LA

Police allege the car’s driver — a third man — was moving forward in the vehicle and ran over Mrs McKay, dragging her body around 20m across the carpark.

Following the arrest of the three suspects — Leroy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster — Orange County District Attorney Todd Spitzer said the trio had been charged with “special circumstance murder”.

In addition, Mr Spitzer’s office said the suspects “are eligible for the death penalty if they are convicted of the special circumstances murder of 68-year-old Patricia McKay in the commission of a robbery with a felony enhancement of causing the death of an elder over the age of 65”.

Essentially, it means their murder charge comes with 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, as reported by the New Zealand Herald.

The three suspects were due to appear at Orange County Superior Court and enter pleas this week, however, according to the Daily Mail — none showed up.

Patricia and her husband Doug McKay.

According to local media, it was the second time the suspects reportedly refused to show up to court from their jail cell to the courtroom.

Following the sudden death of Mrs McKay, whose husband was a prominent Auckland businessman, family and authorities unleashed on the group of “thugs” responsible.

In statement released by those closed to Ms McKay, family said “no words can express our sadness as we try to come to terms with the loss of our mother, wife, and friend Patricia”.

New Zealand’s Prime Minister Christopher Luxon called Ms McKay’s death “an absolute tragedy”.

In an interview with Newstalk ZB’s Kerre Woodham, Luxon revealed he knew her husband Mr McKay very well.

“He’s a great man and it’s a great family … I think the family will be in huge shock and all our thoughts and prayers are with them,” he said.

“They’re top people.”

The trio fled the scene before being captured by police. Picture: CBS News LA. Picture: CBS News LA

Mrs McKay was allegedly dragged 20 metres under the car. Picture: ABC 7 LA

Mr Spitzer also expressed condolences to McKay’s loved ones “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.”

Over the weekend, family spokesman Nick Hern thanked US authorities, including Newport Beach Mayor Will O’Neill, for their assistance in returning Mrs McKay’s body back to New Zealand.

“Once her return is confirmed we’ll advise of plans for Trish’s farewell,” Hern said.

“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.

“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.”.