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'Senseless death': Three men charged with killing New Zealand tourist during Newport Beach robbery
Orange County prosecutors charged a third-strike offender and two other men with murder on accusations of running a car over a 68-year-old New Zealand woman and dragging her nearly 65 feet during a robbery at Newport Beach’s Fashion Island.
Prosecutors charged third-striker Leroy Ernest Joseph McCrary, 26, of Los Angeles; Malachi Edward Darnell, 18, also of Los Angeles; and Jaden Cunningham, 18, of Lancaster with special-circumstances murder. They could be sentenced to death if they are convicted of killing Patricia McKay in the commission of a robbery, with a felony enhancement of causing the death of a person over the age of 65. The trio were captured after leading police on a high-speed chase into L.A. County.
The incidents Tuesday raised questions about why McCrary hadn’t served prison time for his previous felony convictions.
California has had a moratorium on carrying out the death penalty since 2019 and has not executed anyone since 2006.
McCrary also faces charges of felony attempted second-degree robbery and evading while driving recklessly. He was previously convicted of the felonies of residential burglary in 2018, criminal threats in 2020, and robbery in 2023, all in L.A. County. Records show he was also convicted of being a narcotics addict in possession of a firearm in 2023.
In addition to the murder charge, Darnell faces charges of second-degree attempted robbery, attempted murder, and personal use of a firearm, as well as a felony enhancement of personal discharge of a firearm.
Cunningham is also charged with attempted second-degree robbery in addition to murder.
Patricia McKay and husband Douglas McKay, a well-known Auckland businessman and leader, were waiting for a ride after shopping at Newport Beach’s Fashion Island on Tuesday when a white Toyota Camry pulled up outside the mall next to the couple, and two men in masks jumped out. One of the men put a gun to Douglas McKay’s head and demanded his watch as they forced him to the ground, according to prosecutors.
Cunningham is accused of tossing Patricia McKay to the ground as she held several shopping bags, and then allegedly dragged her into the street in front of the Camry while grabbing the bags.
Douglas McKay jumped in front of the vehicle in an effort to stop it from running over his wife, but McCrary allegedly drove it forward, pushing him out of the way and running over the woman, then dragging her body 65 feet under the car.
As Cunningham ran after the getaway car, another man seeking to intervene gave chase. Darnell, who by then was back inside the car, is accused of firing three shots at the Good Samaritan.
After the incident, police pursued the Camry as it sped north, reaching speeds of up to 110 mph. A television news helicopter captured video of the car speeding on the left shoulder of the 105 Freeway and at one point grazing the concrete median.
Cunningham was arrested after he bailed out of the vehicle in the city of Cypress. McCray and Darnell were arrested later in South Gate. All three defendants were being held without bail Friday.
“Our entire community extends its deepest sympathies to the loved ones of Patricia McKay 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,” Orange County Dist. Atty. Todd Spitzer said in a statement announcing the charges. “Lawlessness and violence will not be tolerated in our society.”
New Zealand Prime Minister Christopher Luxon described Patricia McKay’s death as “an absolute tragedy,” and extended condolences to family members, whom he knows personally. Douglas McKay is a prominent energy and business executive who served for several years as chair of the Bank of New Zealand and three years as the first chief executive of the Aukland Council created in 2010 for the region’s “supercity.”
In a statement, the 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. We ask for privacy at this time as we work through this as a family.”
In 2023, McCrary pleaded no contest to charges of robbery and being a narcotics addict in possession of a firearm. He was sentenced to two years of probation with three years in state prison suspended.
Asked to explain the lack of prison time for McCrary, L.A. County Dist. Atty. George Gascón said in a statement: “The case against [him] had significant problems with proof. As a result of these issues, the management team at the Airport Court authorized a plea offer that allowed Mr. [McCrary] to be placed on probation with a suspended state prison sentence.”
Still, Gascón’s office called the latest crimes that McCrary is accused of “reprehensible.”
In announcing this week’s charges, Spitzer, the Orange County prosecutor, put some of the blame on Gov. Gavin Newsom and other California Democrats.
“Our shopping centers and malls have become hunting grounds for criminals who are stalking innocent shoppers to rob them blind,” he said in a statement, “because our Governor and our Legislature refuse to hold anyone accountable for their actions.”
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BBC Verify: Satellite image shows tanker seized by US near Venezuela is now off Texas
Trump was listed as a passenger on eight flights on Epstein’s private jet, according to emailpublished at 11:58 GMT
Anthony Reuben
BBC Verify senior journalist
One of the Epstein documents, external is an email saying that “Donald Trump traveled on Epstein’s private jet many more times than previously has been reported (or that we were aware)”.
The email was sent on 7 January 2020 and is part of an email chain which includes the subject heading ‘RE: Epstein flight records’.
The sender and recipient are redacted but at the bottom of the email is a signature for an assistant US attorney in the Southern District of New York – with the name redacted.
The email states: “He is listed as a passenger on at least eight flights between 1993 and 1996, including at least four flights on which Maxwell was also present. He is listed as having traveled with, among others and at various times, Marla Maples, his daughter Tiffany, and his son Eric”.
“On one flight in 1993, he and Epstein are the only two listed passengers; on another, the only three passengers are Epstein, Trump, and then-20-year-old” – with the person’s name redacted.
It goes on: “On two other flights, two of the passengers, respectively, were women who would be possible witnesses in a Maxwell case”.
In 2022, Ghislaine Maxwell was sentenced to 20 years in prison, external for crimes including conspiracy to entice minors to travel to engage in illegal sex acts and sex trafficking of a minor.
Trump was a friend of Epstein’s for years, but the president has said they fell out in about 2004, years before Epstein was first arrested. Trump has consistently denied any wrongdoing in relation to Epstein and his presence on the flights does not indicate wrongdoing.
We have contacted the White House for a response to this particular file.
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‘Music makes everything better’: A Texas doctor spins vinyl to give patients relief
Dr. Tyler Jorgensen sets “A Charlie Brown Christmas” on a record player at Dell Seton Medical Center in Austin Texas. He uses vinyl records as a form of music therapy for palliative care patients.
Lorianne Willett/KUT News
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AUSTIN, TEXAS — Lying in her bed at Dell Seton Medical Center at the University of Texas at Austin, 64-year-old Pamela Mansfield sways her feet to the rhythm of George Jones’ “She Thinks I Still Care.” Mansfield is still recovering much of her mobility after a recent neck surgery, but she finds a way to move to the music floating from a record player that was wheeled into her room.
“Seems to be the worst part is the stiffness in my ankles and the no feeling in the hands,” she says. “But music makes everything better.”
The record player is courtesy of the ATX-VINyL program, a project dreamed up by Dr. Tyler Jorgensen to bring music to the bedside of patients dealing with difficult diagnoses and treatments. He collaborates with a team of volunteers who wheel the player on a cart to patients’ rooms, along with a selection of records in their favorite genres.
“I think of this record player as a time machine,” he said. “You know, something starts spinning — an old, familiar song on a record player — and now you’re back at home, you’re out of the hospital, you’re with your family, you’re with your loved ones.”
Daniela Vargas, a volunteer for the ATX-VINyL program, wheels a record player to the hospital room of a palliative care patient in Austin, Texas.
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The healing power of Country music… and Thin Lizzy
Mansfield wanted to hear country music: Willie Nelson, Merle Haggard, George Jones. That genre reminds her of listening to records with her parents, who helped form her taste in music. Almost as soon as the first record spins, she starts cracking jokes.
“I have great taste in music. Men, on the other hand … ehhh. I think my picker’s broken,” she says.
Other patients ask for jazz, R&B or holiday records.
The man who gave Jorgensen the idea for ATX-VINyL loved classic rock. That was around three years ago, when Jorgensen, a long-time emergency medicine physician, began a fellowship in palliative care — a specialty aimed at improving quality of life for people with serious conditions, including terminal illnesses.
Shortly after he began the fellowship, he says he struggled to connect with a particular patient.
“I couldn’t draw this man out, and I felt like he was really struggling and suffering,” Jorgensen said.
He had the idea to try playing the patient some music.
He went with “The Boys Are Back in Town,” by the 1970s Irish rock group Thin Lizzy, and saw an immediate change in the patient.
“He was telling me old stories about his life. He was getting more honest and vulnerable about the health challenges he was facing,” Jorgensen said. “And it just struck me that all this time I’ve been practicing medicine, there’s such a powerful tool that is almost universal to the human experience, which is music, and I’ve never tapped into it.”
Dr. Tyler Jorgensen plays vinyl records as a form of music therapy for palliative care patients in Austin, Texas. Willie Nelson’s albums are a perennial hit.
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Creating new memories
Jorgensen realized records could lift the spirits of patients dealing with heavy circumstances in hospital spaces that are often aesthetically bare. And he thought vinyl would offer a more personal touch than streaming a digital track through a smartphone or speaker.
“There’s just something inherently warm about the friction of a record — the pops, the scratches,” he said. “It sort of resonates through the wooden record player, and it just feels different.”
Since then, he has built up a collection of 60 records and counting at the hospital. The most-requested album, by a landslide, is Fleetwood Mac’s Rumours from 1977. Willie is also popular, along with Etta James and John Denver. And around the holidays, the Vince Guaraldi Trio’s A Charlie Brown Christmas gets a lot of spins.
These days, it’s often a volunteer who rolls the record player from room to room after consulting nursing staff about patients and family members who are struggling and could use a visit.
Daniela Vargas, the UT Austin pre-med undergraduate who heads up the volunteer cohort, became passionate about music therapy years ago when she and her sister began playing violin for isolated patients during the COVID-19 pandemic. She said she sees similar benefits when she curates a collection of records for a patient today.
“We are usually not in the room for the entire time, so it’s a more intimate experience for the patient or family, but being able to interact with the patient in the beginning and at the end can be really transformative,” Vargas said.
Often, the palliative care patients visited by ATX-VINyL are near the end of life.
Jorgensen feels that the record player provides an interruption of the heaviness those patients and their families are experiencing. Suddenly, it’s possible to create a new, positive shared experience at a profoundly difficult time.
“Now you’re sort of looking at it together and thinking, ‘What are we going to do with this thing? Let’s play something for Mom, let’s play something for Dad.’” he said. “And you are creating a new, positive, shared experience in the setting of something that can otherwise be very sad, very heavy.”
Other patients, like Pamela Mansfield, are working painstakingly toward recovery.
She has had six neck surgeries since April, when she had a serious fall. But on the day she listened to the George Jones album, she had a small victory to celebrate: She stood up for three minutes, a record since her most recent surgery.
With the record spinning, she couldn’t help but think about the victories she’s still pursuing.
“It’s motivating,” she said. “Me and my broom could dance really well to some of this stuff.”
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