Marcus Anthony Eriz, 25, and Wynne Lee, 23, are set to be arraigned on April 12 in the death of Aiden Leos, who was shot as his mother drove him to kindergarten on May 21 in Orange County, southeast of Los Angeles.
Eriz - who is currently being held without bail - has been charged with one felony count of murder, one felony count of shooting into an occupied vehicle, and one felony enhancement of the personal discharge of a firearm causing great bodily injury and death.
Lee - who was released on electronic monitoring - has been charged with one felony count of accessory after the fact and one misdemeanor count of having a concealed firearm in a vehicle.
According to accounts from the mother and witnesses who stopped to help her, another car cut her off and she responded with a hand gesture and the car slipped in behind her and someone inside fired a shot through the rear of her car.
California Highway Patrol officials have said that the road rage violence stemmed from "a perceived unsafe lane change."
Eriz and Lee, who were living together as boyfriend and girlfriend, were arrested on June 6 in Costa Mesa in Orange County. Authorities found a gun and car believed to have been used in the shooting but they weren’t at the arrest site, highway patrol Assistant Chief Don Goodbrand told reporters.
And during the week of May 24-28, Eriz and Lee got into another "altercation on the freeway," prosecutors said.
Eriz faces a maximum of 40 years to life in prison if convicted on all counts. Lee faces a maximum sentence of three years in state prison plus one year in Orange County Jail if convicted on all counts.
"A monster with a gun murdered a little boy on his way to kindergarten – because he was cut off on the freeway," said Orange County District Attorney Todd Spitzer. "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."
Tune in to FOX 11 Los Angeles for the latest Southern California news.