Aiden Leos freeway shooting: Opening statements begin for trial in deadly road rage incident

Aiden Leos shooting case goes to court

The trial has begun in the case involving a deadly road-rage shooting that killed a 6-year-old boy in Orange County.

ORANGE COUNTY, Calif. - Opening statements began Thursday in the fatal road rage shooting that killed 6-year-old Aiden Leos back in May 2021.

Aiden's mother, Joanna Cloonan, was driving on the 55 Freeway in Orange County, taking her son to kindergarten, when she was cut off by the defendants Marcus Anthony Eriz and his girlfriend, Wynne Lee.

Lee, who was behind the wheel, made a peace sign at Cloonan after cutting her off. A few miles later as Cloonan was merging over to the 91 Freeway, she passed the defendants and gave them a middle finger, Senior Deputy District Attorney Dan Feldman said.

Officials said Eriz then shot into the back of their car, where Aiden's car seat was situated. The bullet ripped through his liver, lungs and his heart before coming out of his abdomen, Feldman said. Aiden was rushed to a local hospital, where he later died.

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When investigators asked Eriz why he fired the weapon at Cloonan's car he told them, "For some reason I shot it," according to Feldman. The bullet entered the vehicle through the trunk and struck the boy in the backseat.

"This is not a road rage case," Feldman said.

"This is his gun," Feldman said, showing the weapon to jurors. "It was exactly where he said it would be... This is an example of Mr. Eriz's cold indifference... This is an example by Mr. Eriz of his callous and cold disregard for human life."

Feldman added, "Who shot Aiden? Just listen to Mr. Eriz. He'll tell you. It was for no other reason than a woman he didn't know extended the middle finger toward him."

Defense attorney Randall Bethune of the Orange County Public Defender's Office said his client committed a "profound mistake" with "no thought of the consequences, no thought of the results. And no malice and no intent. Just a momentary lapse of reason by a 24-year-old guy."

Bethune said it was a "mistake, a rash decision by a young man."

Eriz did not turn himself in because he wasn't even aware of what happened despite heavy news coverage of the search for the boy's killer.

"He was not a news guy," Bethune said. "He's a 24-year-old guy (at the time) who likes to play video games. He's not aware."

While Eriz was oblivious to what happened, "pressure" was mounting on law enforcement to solve the case, Bethune said.

"You can feel the pressure from the government to get the killer," Bethune said, adding there was even an article in a London newspaper, making it an "international story."

But Eriz continued to go to work each day with Lee, he said.

Finally, a co-worker of Eriz flagged a news report for the defendant, noting that the vehicle they were looking for appeared to be like Lee's, Bethune said. That prompted Eriz to do an online search and he realized what had happened, the defense attorney said.

"He goes to his (pickup) truck and has a complete panic attack," Bethune said. "So why not turn yourself in right away? When you kill someone it doesn't come with a manual. So he freezes."

Eriz did switch vehicles for his daily commute to work, taking the pickup truck instead, because he did not believe Lee did anything wrong and should not get in trouble, Bethune said.

"The writing was on the wall, and I think on some level he knew that," Bethune said.

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After his arrest, police interviewed Lee first and then confronted Eriz, who confessed to the shooting, Bethune said.

"He's not a monster. He's a young man who made a mistake," Bethune said. "He didn't intend to kill anyone... Mr. Eriz is not a murderer."

Orange County Superior Court Judge Richard King has not yet decided what lesser charges jurors may consider in the case.

Eriz pleaded not guilty to second-degree murder and other felony charges. He faces 40 years to life in prison.

Lee is being charged as an accomplice, police said.

The couple will be tried separately.

CNS contributed to this report.