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.”

Joe Biden said he was “completely ruling out” ending his re-election bid on Friday at the start of a make-or-break weekend of public appearances intended to quell calls from within his party to drop out of the presidential race.

Biden sat for his first television interview since his disastrous performance in last week’s presidential debate, which sparked panic in the Democratic party.

In a clip of the interview released by ABC News, Biden said the debate was a “bad episode”, claiming he was “exhausted” and “sick” on the night.

But amid reports that members of Biden’s family are blaming his top campaign staff for the president’s halting performance, he said his appearance on the debate stage was “nobody’s fault but mine”.

The interview came shortly after Biden delivered a defiant speech in Wisconsin, a swing state, telling a crowd of supporters that he would not bow to the mounting pressure on him to quit.

“Guess what? They’re trying to push me out of the race. Let me say this as clearly as I can: I’m staying in the race. I’ll beat Donald Trump.”

But Biden’s bullishness was undercut by a report that an influential Democratic senator was attempting to assemble a group of the party’s senators to urge the president to drop his re-election bid.

Mark Warner, a senator from Virginia, told colleagues that Biden could no longer remain in the race for the White House, The Washington Post reported on Friday. A spokesperson for Warner did not respond to a request for comment. When Biden was later asked by a reporter about Warner, the president said the senator was “the only one considering that”.

Separately, Maura Healey, the Democratic governor of Massachusetts, became the first state governor to suggest Biden step aside. Healey was among governors who met the president for emergency talks at the White House this week.

She issued a statement on Friday afternoon saying she was “deeply grateful” for Biden’s leadership, but urged him to “listen to the American people and carefully evaluate whether he remains our best hope to defeat Donald Trump”.

But Biden brushed aside the concerns again on Friday evening, telling reporters that he was “completely ruling . . . out” leaving the race. When a reporter asked him if he was the best candidate to beat Trump, Biden replied: “I did it before.” When the reporter asked a follow-up, he replied: “You’ve been wrong about everything so far. You were wrong about 2022 . . . you were wrong about 2023 . . . so look, we’ll see.”

Reporters travelling with Biden noted several people standing outside the venue where he spoke in Wisconsin holding signs urging him to “bow out” and “pass the torch”. Another sign read: “Give it up, Joe,” while one said: “Pres Biden — serve your country — not your ego.”

On Sunday, Biden will make a campaign stop in another swing state, Pennsylvania. The trip through critical states comes as he battles to quell deep discontent in his party about his determination to stay in the race. Despite Democratic governors publicly voicing support for Biden this week, scores of lawmakers, party operatives and influential donors are now agitating for him to be replaced with a younger candidate.

The pre-recorded interview with ABC News’s George Stephanopoulos, a former adviser to Democratic president Bill Clinton, was being billed as a chance for the president to allay concerns about his mental acuity.

But White House press secretary Karine Jean-Pierre sought to downplay the significance of the interview, telling reporters on Air Force One on Friday that Biden was preparing for the conversation “like he does with any other interview”.

Some donors have pushed California Governor Gavin Newsom and Michigan Governor Gretchen Whitmer to replace the president as the Democratic candidate, the Financial Times reported on Thursday. Vice-president Kamala Harris is in pole position to replace Biden if he drops out.

A handful of Democratic lawmakers have come out publicly in recent days calling for Biden to end his re-election bid. An increasing number of megadonors — including media heiress Abigail Disney and Hollywood agent Ari Emanuel — have said they would not give Biden any more money.

Biden has also been weakened by damaging public opinion polls that show him trailing Trump by several points both nationwide and in the battleground states that are likely to determine the outcome of November’s election.

But Biden and his campaign have refused to blink in the face of the pressure. His campaign on Friday said it would spend another $50mn on advertising in the month of July, including for ad spots that would run during this month’s Republican National Convention and the Olympics.

Harris, Newsom and Whitmer have remained publicly loyal to the president’s campaign. At a July 4 celebration at the White House on Thursday evening, Biden joined hands with his vice-president as some people in the crowd chanted, “four more years”.

But other prominent Democrats are more reluctant to share the stage with the president. When Biden visited Wisconsin on Friday, he was joined by the state’s Democratic governor, Tony Evers — but not Tammy Baldwin, the state’s Democratic senator, who is polling far ahead of the president.

The latest FiveThirtyEight polling average shows Trump leading Biden by just shy of two points in Wisconsin.

Trump has kept a relatively low profile since the debate, allowing media attention to remain on Biden’s difficulties and Democratic disarray.

But the former president has slammed Harris in recent days, and on Thursday night challenged Biden to another “no holds barred” debate. A second debate between them is already scheduled for September.

“What a great evening it would be, just the two of us, one on one, in a good, old fashioned debate, the way they used to be,” Trump said in a post on his Truth Social platform. “ANYTIME, ANYWHERE, ANYPLACE!!!”.

Biden said on Friday that he remained “committed” to attending the September debate.

OROVILLE, Calif. — Firefighters made progress Friday against a California wildfire that triggered extensive evacuation orders, but damage assessments raised the number of destroyed structures to 25, and forecasters said heat and fire risk were expanding on the West Coast.

Containment of the Thompson Fire near the Butte County city of Oroville rose overnight from 29% to 46%, according to the California Department of Forestry and Fire Protection. The fire was measured at just under 6 square miles after only slight growth overnight.

Most evacuation orders covering about 17,000 people were lifted Thursday.

Firefighters “did a really good job yesterday” enforcing containment lines, and wind hasn’t been a factor, said Cal Fire Capt. Alejandro Cholico, a fire spokesperson.

A new blaze dubbed the French Fire erupted Thursday evening and triggered evacuations in the small Gold Rush town of Mariposa in the Sierra Nevada foothills along a highway leading to Yosemite National Park.

Flames from the French Fire burn on a hillside above Mariposa, Calif., on Friday.

Noah Berger/AP

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Bulldozers and crews built a line across the entire eastern side of Mariposa as flames spread over 1.3 square miles before fire activity moderated.

“Winds have calmed which has helped firefighters make progress overnight,” a Cal Fire status report said.

In addition to structures destroyed by the Thompson Fire, six others were damaged. There was no immediate information on the types of structures, but several homes were seen ablaze after the fire broke out Tuesday morning about 70 miles north of Sacramento.

The number of reported firefighter injuries was lowered from four to two, Cholico said. The cause of the blaze remained under investigation.

The Oroville region is familiar with catastrophic events. The deadliest and most destructive wildfire in state history nearly wiped out the town of Paradise in Butte County in 2018.

Forecasters, meanwhile, warned California’s blistering heat wave will continue and spread into the Pacific Northwest and adjacent western states.

“The duration of this heat is also concerning as scorching above average temperatures are forecast to linger into next week,” the National Weather Service wrote.

Among extremes, the forecast for Furnace Creek in Death Valley National Park calls for daytime highs of 129 degrees on Sunday and then around 130 through Wednesday. The official world record for hottest temperature recorded on Earth was 134 degrees in Death Valley in July 1913, but some experts dispute that measurement and say the real record was 130 recorded there in July 2021.

Numerous wildfires have erupted since the late spring across California, largely feeding on abundant grasses that grew during back-to-back wet winters and have since dried.

Most have been kept small, but some have grown large. The biggest active fire is the Basin Fire in the Sierra National Forest, where nearly 22 square miles have burned since late June. It was 46% contained Friday.