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SANTA ANA (CNS) - The husband of the woman killed in a robbery at Fashion Island told police he tried to warn the suspects they might run over his wife before they did just that as they fled, a police officer testified Wednesday in the preliminary hearing of the three defendants.
Rookie Officer Daniel Soliz, who was just on the job for about a couple of months, was dispatched to the raucous scene of the robbery in Newport Beach July 2 along with his field training officer.
The first call was about a white, older model Toyota Camry with no rear license plates about 3:35 p.m., Soliz testified in the preliminary hearing for LeRoy Ernest Joseph McCrary, 26, of Los Angeles, Malachi Eddward Darnell, 18, of Los Angeles, and Jaden Cunningham, 18, of Lancaster, who have been charged with murder with special circumstances of robbery during a killing. They are accused of killing 68-year-old Patricia McKay of New Zealand, who was in town with her husband, to visit relatives.
A second call came in of a robbery near a Starbucks and then there was a call of shots fired, Soliz said.
When the officers arrived they saw McKay's body in front of the Barnes & Noble bookstore, he said.
Soliz spoke with the victim's husband, Douglas, who said the couple was waiting for family members when two men emerged from the Camry and attempted to take his wrist watch, Soliz said.
McKay fought them off, so the two turned their attention to his wife, Soliz said. McKay rushed to defend his wife, prompting one of the men to point a gun at him saying, "I will shoot you," Soliz said.
McKay "punched them away" and struggled with one of the robbers before they jumped back into the car, Soliz said.
McKay, who was in front of the car with his wife, who was on the ground, "raised his hand" to let the driver know his wife was there, Soliz said.
But the driver "accelerated" over her, dragging the woman about 30 yards, Soliz testified.
Senior Deputy District Attorney Mark Birney showed surveillance video photos that indicated one of the attackers was holding a gun outside the window of the car, but defense attorneys Ray Chen, David Hammond and Joel Garson questioned whether it was a side mirror.
Hammond asked Soliz if Douglas McKay told one of the men, "Go ahead and shoot me" during the conflict, but Soliz said he did not recall that.
Sgt. Steve Oberon, the department's public information officer, testified he joined a pursuit of the Camry as it sped on an emergency lane to avoid heavy traffic on MacArthur Boulevard.
Oberon lost sight of the suspects but a helicopter pilot was feeding instructions where the car was during the chase, he said.
Officer Tyler Knox, who was also in the pursuit, testified he saw the suspects speeding on a left shoulder, going about 85 mph. The chase ended in South Gate, he said.
Detective Marie Gamble testified a witness at the Sushi Roku restaurant was vaping outside when he heard the cries from the robbery and ran over to help.
The witness saw the men get back in the car with one grabbing Patricia McKay's purse, Gamble said.
The witness heard Doug McKay say, "Don't move, she's on the ground" before the car ran her over, Gamble said. The witness saw McKay slam his hand on the hood of the car before it took off, the detective said.
The witness tried to stop a third suspect as he scrambled to catch up to the get-away car, Gamble said. The witness "clotheslined" the suspect and held on to his clothes to restrain him until he heard a bullet "zinging" past his head, Gamble said.
The gunman fired three times, the witness told police, according to Gamble.
The preliminary hearing will continue Thursday.