Marcus Anthony Eriz is sentenced in OC court for shooting death of 6-year-old Aiden Leos

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SANTA ANA, Calif. (KABC) — A 26-year-old Costa Mesa man convicted of shooting and killing 6-year-old Aiden Leos during a road rage incident on a SoCal freeway is to be sentenced Friday in an Orange County court.

Marcus Anthony Eriz was found guilty in January of second-degree murder in the fatal shooting on the 55 Freeway.

Eriz was also found guilty of causing great bodily injury and death, and shooting at an occupied vehicle. He is facing the possibility of up to 40-years-to-life in prison when he is sentenced on April 12. Sentencing is scheduled for 9 a.m.

“The heartbreak of a parent losing a child is so overwhelming that no word exists to describe it,” Orange County District Attorney Todd Spitzer said in a statement back in January. “The short, happy life of Aiden Leos is a life interrupted, abruptly ended by a bullet that pierced Aiden’s heart. The bullet not only killed a little 6-year-old boy; it ripped a hole in the heart of all of Orange County.”

What happened to Aiden Leos?

Aiden was fatally shot on May 21, 2021, 10 days after his birthday. He was sitting in a booster seat and his mother, Joanna Cloonan, was driving him to kindergarten at the time of the shooting.

According to accounts from Cloonan and witnesses who stopped to help her, another car cut off Cloonan, and she responded with a hand gesture. The car slipped in behind Cloonan, and then someone inside fired a shot through the rear of her car.

Who is Marcus Anthony Eriz?

After a two-week manhunt, Eriz and his girlfriend, Wynne Lee, were arrested in connection with the shooting.

Lee was allegedly driving the car when the shooting took place. Investigators said Eriz was the passenger who shot at Cloonan’s vehicle. She faces up to four years behind bars if convicted on charges of being an accessory after the fact and having a concealed firearm in a vehicle.

The couple had pleaded not guilty.

Marcus Anthony Eriz (left) and Wynne Lee are the suspects in the road-rage killing of 6-year-old Aiden Leos. Authorities believe Lee was the driver and Eriz filed the weapon.

Orange County DA’s Office

What happened during Eriz’s trial?

The key question the jury considered during deliberations was Eriz’s intent and state of mind when he fired his Glock 17 9mm at the Cloonan’s car, piercing her vehicle and killing Aiden.

Eriz and his defense team conceded that he did indeed fire his weapon at the car. But his defense attorney argued that it was a spontaneous act with no intent to kill the child.

Marcus Anthony Eriz, 26, appears in court during opening statements on Thursday, Jan. 18, 2024, in a trial over a road rage shooting that left 6-year-old Aiden Leos dead.

Marcus Anthony Eriz, 26, appears in court during opening statements on Thursday, Jan. 18, 2024, in a trial over a road rage shooting that left 6-year-old Aiden Leos dead.

“The age and status of the victim is irrelevant when you’re talking about Mr. Eriz’s mental state,” defense attorney Randall Bethune said in Wednesday’s closing statement. “There is no evidence whatsoever that Mr. Eriz even knew a child was in the car.”

Bethune said his client was willing to accept responsibility to a lesser charge.

“Mr. Eriz acted rashly that day. He made a split decision act,” Bethune said. “This is a voluntary manslaughter case. Mr. Eriz is not a murderer.”

Orange County prosecutors argued that whether Eriz intended to kill Aiden or not, he acted with implied malice that led to the child’s death.

“There can be no greater example of callous, cold-hearted, disregard for human life than firing at someone over a gesture, from a moving car as they drove away,” said senior deputy district attorney Dan Feldman.

Eriz told investigators that he had started carrying around the Glock because he was noticing increased hostility on local freeways. When asked why he shot at Cloonan’s car, he couldn’t think of an answer, other than to say: “I don’t have an answer. Because I’m stupid. I didn’t think of anything. I didn’t think of the consequences or anyone.”

During her testimony, Cloonan described what happened on the freeway after the shooting.

Aiden Leos, boy killed in road rage shooting, honored by OC school where he was a student

“I remember being surrounded. I couldn’t see what was going on with him. I looked at the back of my car and saw a hole. And I asked a man, ‘Is that a bullet hole? Is that what happened? and he said, ‘It appears to be so.'”

Toward the end of her testimony, Cloonan was shown a picture of Aiden and she began crying on the stand.

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