Kyle Ross McCray, 37, was sentenced to 25 years to life in prison after pleading no contest to attempted murder for forcing a homeless man onto railroad tracks in Marysville, with a train passing over the spot where the victim had been lying just over 20 minutes after officers arrived. The attempted-murder conviction marked McCray's third strike under California's three-strikes law, according to the Yuba County District Attorney's Office.
McCray pleaded no contest on October 2 to willful, deliberate, and premeditated attempted murder, and he also admitted two prior strikes, according to a report by Yahoo News. The case stems from an October 8, 2024, incident in which Marysville police received a 911 call from a cellphone at around 9:30 a.m. The 911 dispatcher heard a male say, “Please don't hurt me,” and another say, “Lay right there,” according to the Yuba County District Attorney's Office, which announced the sentencing in a news release.
The victim, a 43-year-old homeless man, told investigators he had been walking along the tracks toward Twin Cities Rescue Mission when McCray pulled out a knife and ordered him to lie across the tracks with his legs over the rail. The victim managed to dial 911 while lying on the tracks. Officers arrived and found him lying on the railroad tracks behind McCray, detained McCray, and helped the victim off the tracks, per the Yahoo News report.
A Train Passed Minutes After Officers Arrived
Just over 20 minutes after officers reached the scene, a train passed over the exact spot where the man had been lying, the outlet reported. McCray initially told officers he had forced the man onto the tracks so the next train would cut off his legs, and he asked officers to look the other way because the victim was a registered sex offender, the report states.
The district attorney's office said McCray had been banned from Twin Cities Rescue Mission after making threats to kill other men living there. McCray admitted a prior strike stemming from a 2016 carjacking conviction in Sutter County, and he also admitted a prior strike tied to a 2020 felony criminal threat conviction connected to an assault on a homeless woman in Yuba County, according to the same account.
Strikes Trace Back to a 2020 Attack
Earlier reporting from The Sacramento Bee detailed McCray's arrest in the railroad-tracks case, noting he was held in lieu of $1 million bail at Yuba County Jail after being arrested by Marysville officers on suspicion of charges including brandishing a weapon, kidnapping, false imprisonment, and attempted murder. The Bee also reported that McCray pleaded not guilty to his charges in Yuba Superior Court during the earlier stage of the case, a plea he later reversed with his no-contest plea this fall.
As the case moved toward trial, the Appeal-Democrat reported that McCray's jury trial had been scheduled to begin June 29 following a continuance over the prosecution's objection, which the outlet attributed to the defense attorney having another jury trial scheduled in Butte County.
Prosecutors said McCray's second strike traces back to 2020, when he was convicted for threatening to kill a homeless woman he met at the Salvation Army depot in Marysville. According to the district attorney's office, McCray assaulted the woman near the Fifth Street Bridge, strangling her while saying he would rape and kill her. Kyle Cheney and his friends intervened and detained McCray until law enforcement arrived.
Prosecutor Vows McCray Will Stay Locked Up
A prosecutor handled the case for the people, according to the district attorney's office.
The Yuba County District Attorney's Office said the three-strikes law was designed for people like McCray, who need to be locked up for life to keep the rest of the public safe, and vowed the office would do everything in its power to ensure he spends the rest of his life behind bars.
