Father of Aiden Leos sues mother over 6-year-old son's road rage shooting death

Father sues mother over son's road rage death

The father of Aidan Leos is suing his mother over his road rage death.

LOS ANGELES - The 2021 road rage death of 6-year-old Aiden Leos has moved back into the courtroom, this time through a civil lawsuit filed by the boy’s father against his mother.

What we know:

Joey Leos, Aiden’s father, filed the civil lawsuit in Orange County Superior Court, naming Joanna Cloonan as a defendant alongside the alleged shooter, Marcus Anthony Eriz, and his girlfriend, Wynne Lee, the Los Angeles Times reports.

The lawsuit claims that Cloonan’s driving was "aggressive" and that her decision to engage with the other vehicle provoked the deadly shooting.

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Joey Leos’ legal team argues that while Eriz pulled the trigger, Cloonan shared liability for the environment that led to the violence. Cloonan's mother is also named in the suit, according to the Times.

Lee, who was the driver of the car carrying Eriz, recently pleaded guilty to being an accessory after the fact and has been released after serving her sentence.

Couple charged in Aiden Leos freeway shooting death plead not guilty

The couple charged in the deadly road-rage shooting of 6-year-old Aiden Leos on an Orange County freeway pleaded not guilty on Friday to the charges against them. Marcus Eriz, 24, and Wynne Lee, 23, were arrested outside of their Costa Mesa apartment on June 6. Eriz was charged with murder and shooting at an occupied vehicle and with enhancements. Lee faces the accessory charge and a charge of illegally carrying a concealed firearm.

What we don't know:

The specific legal grounds for the inclusion of Cloonan's mother in the lawsuit have not been disclosed.

The backstory:

Aiden Leos was killed on May 21, 2021, while sitting in his booster seat as his mother, Cloonan, drove him to kindergarten.

During the criminal trial of Eriz, evidence was presented that a road rage confrontation occurred after Eriz’s vehicle cut off Cloonan on the 55 Freeway.

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Cloonan admitted to "flipping off" the other car, after which Eriz fired a single shot into the back of her vehicle, striking Aiden. He was taken to the hospital where he died.

Eriz was subsequently convicted of second-degree murder and sentenced to 40 years to life in state prison.

Marcus Eriz apologizes to Aiden Leos' family

?Every night I pray for Aiden and your family," Eriz said in part during his closing statement, in which he apologized to Aiden's family.

What's next:

The case goes to trial this spring.

Eriz remains in prison while Lee remains under court supervision following her release.

The Source: This report is based on civil court filings in Orange County Superior Court and official sentencing records from the Orange County District Attorney's Office as obtained by the Los Angeles Times, as well as previous FOX 11 reports.

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