CA - Aiden Leos, 6, fatally shot in road rage confrontation, Orange, 21 May 2021 *Arrests*

Case = 21CF1703

I had jury duty there this month. I was pleasantly surprised -- my jury pool seemed way more intelligent than I expected. A huge subset of the pool walked into a court room with a Public Defender and an alleged murderer arrested in 2016 for a now-23-years-ago crime. The court drew my number in the first 12 but the Prosecutor removed me when voir dire reached the alternating challenge phase.

The media was there but most including the judge took awhile to figure that out. They don't stream the trials on Youtube any more.
 
I had jury duty there this month. I was pleasantly surprised -- my jury pool seemed way more intelligent than I expected.
Reminds me of my time in San Diego as a potential juror.

After a series of contradictory verdicts, fuzzy applications of jury instructions, and clumsy attempts to circumvent law, local prosecutors, local defense attorneys and local judges all voiced their concerns.

The County then created a "zero tolerance" policy for dodging jury duty. Employers were reminded of their duty to pay wages for those while on jury duty with concequences if they did not. "Cop outs" get it, get it, were restricted to those with clear needs.

Judges also issued warrants for anybody who simply blew off the notice. It did not matter whether they were CEOs or mechanics.

Not surprisingly, the quality of jury pools improved alot. Especially after a few high profile arrests.
 
APR 12, 2022
A Costa Mesa couple who were ordered last month to stand trial in connection with the fatal shooting of a 6-year-old boy on a freeway in Costa Mesa, allegedly in a road rage incident, pleaded not guilty again Tuesday.

Marcus Anthony Eriz, 25, and Wynne Lee, 23, were both held to answer on charges following a preliminary hearing March 30. They were ordered to return to court June 24 for a pretrial hearing before Orange County Superior Court Judge Richard King in the Central Justice Center in Santa Ana, where the two will go on trial.

“A monster with a gun murdered a little boy on his way to kindergarten – because he was cut off on the freeway,” Orange County District Attorney Todd Spitzer said when it was announced the two would stand trial. “The callousness of this crime is unspeakable, but the fact that this couple continued to hide out in plain sight knowing full well they killed a 6-year-old child while Aiden’s grieving parents pleaded with the killers to come forward is unforgivable.
 
APR 22, 2022
Jose Leos calls it a father’s intuition, the odd feeling he got that Friday morning last May.

"A loss of breath," he said. "I felt anxiety, not even knowing what was going on at the time. I was at work."

Two hours would go by before he got the dreaded news. His son 6-year-old Aiden had been killed in a road-rage incident on the 55 Freeway, riding in the back seat of his mother’s car. The loss continues to tear him apart.

[...]

Leos says he has kept his feelings private until now because he wanted to honor all that his little boy meant to him.

Leos plans to announce a nonprofit called Lions Share at a golf tournament next month, on May 20. The goal is to financially help families who've been through the same loss. You can find more information here.

[...]

 
MAY 20, 2022
[...]

In late March, a judge ruled that enough evidence existed to have Marcus Anthony Eriz, 25, stand trial on charges of second-degree murder and shooting at an inhabited dwelling or vehicle.

Wynne Lee, 23, suspected of driving the car, was ordered to stand trial on a charge of being an accessory after the fact.

Eriz faces a possible maximum sentence of 40 years to life in prison, while Lee faces a possible maximum sentence of four years in prison, prosecutors have said.

[...]

A trial date had not yet been set. Eriz and Lee were scheduled to make their next court appearances on June 27.
 
JAN 18, 2024
During day one of the trial, Feldman played the emotional 911 call Aiden's mom placed after she realized her son was hurt. In addition, several people were called to testify including Seal Beach Police Sgt. Joe Garcia.

Garcia was off when he stopped a group of people on the side of the freeway the day of the shooting. He ran in to help and performed CPR on Aiden until first responders arrived.

When investigators caught up to 24-year-old Marcus Eriz after an intensive 16-day manhunt, he said that the Chevrolet’s driver, Aiden’s mother, had flipped him off in traffic. But he otherwise offered scant insight as to why he took hold of his 9-millimeter semiautomatic gun and fired into a stranger’s car that morning in May 2021.

“I just grabbed my gun for some reason ... shot at them,” Eriz told an interrogator, according to a transcript presented in Orange County Superior Court on Thursday, where Eriz is on trial facing charges of second-degree murder and shooting at a motor vehicle.

Contrary to any evasive actions suggested, Eriz's attorney argued that there is no evidence of him trying to flee or hide. The trial continues with separate proceedings for Lee, Eriz's girlfriend, who is charged as an accessory after the fact.

The trial will resume on Monday where the jury will hear testimony from Aiden's mom, Joanna, and view the video of Marcus Eriz's interrogation following his arrest in Santa Ana.

For days after the shooting, authorities searched for a suspect and pleaded for the public's help. They sifted through hundreds of tips and at least half a million dollars in reward money was posted.

According to police, Eriz stashed the vehicle in a relative's garage, shaved his beard and began pulling back his hair.

"No thought of consequences, no thought of results and no malice and no intent... Just a momentary lapse of reason by a 24-year-old guy," Randall Bethune, defense attorney said.

Prosecution said the evidence in the case is overwhelming. "As far as the question of who shot Aiden, just listen to Mr. Eriz, he'll tell you. For no reason other than a woman he didn't know extended her middle finger at him on the freeway."

"The responsibility, the fact that he might regret it, and you'll hear this in his interview, does not change what happened. And it's certainly not going to bring Aiden back," Feldman said.
 
JAN 22, 2024
Eriz's murder trial started in Orange County last week, while Lee has a pretrial hearing scheduled for next month.

[...]

He couldn't recall if he stuck the gun out the window or just fired from inside the vehicle but said he just fired without really taking time to aim deliberately.

He said Lee was upset with him afterward.

When asked why he did it, all he could say was: "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 opening statements last week, a prosecutor told jurors that Eriz acted callously when he fired a round that went through the trunk of the Leos' car and into the back seat. Aiden, strapped into a booster, was struck in the liver, lung and heart.

Aiden's mother said she heard her son say, "Ow," pulled to the side of the freeway as he was bleeding and flagged down an off-duty police officer. When she looked in her backseat, she said his head was hanging down. Aiden's mother said she got her son out of his booster seat and cradled him, holding his body tightly to try and stop the bleeding, but she says she noticed "his body was dying very quickly."

The trial included the frantic 911 call from Cloonan after she stopped on the side of the road and testimony from the off-duty-officer, a member of the Seal Beach Police Department. Cloonan is expected to testify early next week.

[...]

As a support dog sat at her feet in the Santa Ana courtroom, Cloonan described driving Aiden from their Costa Mesa home to Calvary Chapel Pre-School in Yorba Linda when the driver of a Volkswagen Gold SportWagen suddenly began “coming up quickly” behind her in the car pool lane of the northbound 55.

[...]

Cloonan acknowledged that the “gesture” was her giving the middle finger to the driver of the Volkswagen. Cloonan said she briefly made eye contact with the man in the passenger’s seat of the Volkswagen — later identified by police as Eriz, Lee’s boyfriend — before she began merging her car into the lanes to her right.

“He looked at me and smiled, after the gesture,” Cloonan said of Eriz. “I tried to get away as much as I could.”

[...]
 
JAN 24, 2024
The key question for the jury to consider is the intent and state of mind of Marcus Anthony Eriz on May 21, 2021 when he fired his Glock 17 9mm at the car driven by Joanna Cloonan, piercing her vehicle and killing her son, Aiden Leos.

The jury deliberated briefly Wednesday afternoon and then is set to resume Thursday morning.

Eriz, now 26, and his defense team have 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.

“He has been carrying that Glock around for months, waiting for someone to get out of line,” Feldman said. “And a finger is all it took for Mr. Eriz to kill 6-year-old Aiden. That was it, a finger. There can be no greater example of the callous, cold hearted disregard for human life than firing at someone for a gesture as they drove away.”

Feldman argued that Eriz showed “implied malice” required for a second-degree murder conviction by intentionally causing an act that he knew to be dangerous to human life. The prosecutor reminded jurors about Aiden’s mother’s description of Eriz smiling at her moments before he opened fire.

“It made no difference to him,” Feldman said. “He smiled, squeezed off a round, went about his day and couldn’t care less about the chaos and hurt he caused.”
 
SANTA ANA, Calif. (KABC) -- An Orange County jury on Thursday found Marcus Anthony Eriz guilty of second-degree murder in the fatal shooting of a 6-year-old boy in a road rage incident on the 55 Freeway.

Eriz, a Costa Mesa resident, is facing the possibility of up to 40 years in prison the death of Aiden Leos.

The verdict was announced in a Santa Ana courtroom Thursday morning. Seated alongside his defense attorney, Eriz did not visibly react when the jury's decision was read aloud.
 
SANTA ANA, Calif. (KABC) -- An Orange County jury on Thursday found Marcus Anthony Eriz guilty of second-degree murder in the fatal shooting of a 6-year-old boy in a road rage incident on the 55 Freeway.

Eriz, a Costa Mesa resident, is facing the possibility of up to 40 years in prison the death of Aiden Leos.

The verdict was announced in a Santa Ana courtroom Thursday morning. Seated alongside his defense attorney, Eriz did not visibly react when the jury's decision was read aloud.
Good! There was no defense. He admitted to doing it after she flipped him off. He was angry. He wanted to punish her.

This happened near the freeway exit to my house and we saw the signs asking for help locating the murderer, for two weeks. But I forgot about this case until now! So much goes on in the world.

What about Lee?
 
Good! There was no defense. He admitted to doing it after she flipped him off. He was angry. He wanted to punish her.

This happened near the freeway exit to my house and we saw the signs asking for help locating the murderer, for two weeks. But I forgot about this case until now! So much goes on in the world.

What about Lee?
I could be mistaken but I believe the reporter on the news said she was going to be tried seperately.
 
JAN 25, 2024
[...]

Lee, 26, has also been charged with accessory after the fact and having a concealed firearm in a vehicle, the district attorney's office said, and faces a maximum of three years in prison if convicted.

A photo of Aiden Leos leans against the courthouse wall after prosecutors spoke to the media in Santa Ana, Calif., on January 25, 2024.
A photo of Aiden Leos leans against a courthouse window Thursday. Paul Bersebach / MediaNews Group via Getty Images

Eriz is scheduled to be sentenced April 12.

[...]
 

An Orange County man was found guilty of shooting and killing a 6-year-old boy who was being driven to his kindergarten in the backseat of his mother’s car on a Southern California freeway.

Marcuz Eriz, 26, was convicted of one felony count of murder, one felony count of shooting into an occupied vehicle, and two felony enhancements of the personal discharge of a firearm causing great bodily injury and death. He faces a maximum sentence of 40 years to life in state prison.
 

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