Marcus Eriz trial: Attorney claims man shot 6-yr-old Aiden Leos on freeway out of 'cold indifference'

SANTA ANA, CALIFORNIA: The trial for a murder case that deeply impacted Orange County commenced on Thursday, January 18, featuring a prosecutor who informed jurors that the freeway shooting of 6-year-old Aiden Leos was not a typical case of road rage.

Murder defendant Marcus Eriz, 26, is accused of killing Aiden as he was on his way to kindergarten, displaying what the prosecutor characterized as "cold indifference" toward human life rather than a manifestation of rage.

For context, the tragic incident occurred on May 21, 2021, just 10 days after Aiden's birthday.

Seated in a booster seat, Aiden was being driven to kindergarten by his mother, Joanna Cloonan, at the time of the shooting as per abc7.

What happened in recent court hearing?

During his opening statement in a Santa Ana courtroom on Thursday, Senior Deputy District Attorney Daniel Feldman asserted, "This is not a road rage case. This is an expression by Mr Eriz of cold indifference. This is an expression by Mr Eriz of his callous and total disregard for human life."

Eriz is currently facing murder charges in connection to the death of the 6-year-old, while his girlfriend at the time who was driving the car, Wynne Lee, is being charged.

Aiden's mother, Joanna Cloonan, was driving her Chevrolet Sonic to take her son to kindergarten around 8 am when the defendants in a Volkswagen Golf SportWagen cut her off.

Allegedly, Lee, who was driving, changed lanes aggressively and then made a provocative gesture towards Cloonan. 

Later, as Cloonan attempted to merge onto the eastbound Riverside (91) Freeway, she passed the defendants and gestured at them with her middle finger.

Shortly after, Aiden suffered a chest wound, prompting Cloonan to pull over. Despite the efforts of an off-duty police officer who stopped to help, the boy tragically succumbed to his injuries.

Feldman detailed in his opening statement that the bullet had pierced through the car trunk and back seat, causing severe injuries to the boy's liver, lung, and heart.

The freeway shooting garnered national attention, evoking widespread outrage in the county, where millions rely on an extensive freeway network for daily commutes. It also led to a days-long search for the suspect.

Orange County District Attorney Todd Spitzer said, "A monster with a gun murdered a little boy on his way to kindergarten -- because he was cut off on the freeway, 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."

Eriz admits to killing 6-year-old as he was angry

In a June 6 interview with investigators, Eriz revealed that he felt angered after being gestured at by Ms Cloonan.

In response, he retrieved his loaded Glock 17 9mm, chambered a round, rolled down the passenger window, and fired at her vehicle.

Following the shooting, the defendants proceeded to the 91 eastbound freeway, where they continued to work in the city of Highland. They completed a full day's work and returned home.

Eriz's attorney, Randall Bethune, contended that his client had no intention of causing harm and only realized the consequences days later when a co-worker mentioned the authorities were searching for the suspect vehicle.

In pretrial disclosures, prosecutors disclosed that Eriz was implicated in another road rage incident just days after the fatal shooting.

During that week, the couple engaged in a freeway altercation, with Eriz allegedly brandishing his gun at another driver who had angered him.

Eriz claimed to have learned about his responsibility for Aiden Leos' death on May 28, after seeing an online story about the incident, according to prosecutors. 

Authorities had sought a suspect for days, receiving numerous tips and offering substantial reward money.

Following the shooting, Eriz concealed the vehicle in a relative's garage, altered his appearance by shaving his beard and changing his hairstyle. The couple also sought new employment after May 28.

Eriz and his girlfriend, Wynne Lee, were arrested outside their Costa Mesa apartment approximately two weeks after the shooting.

While Eriz faces charges of murder and discharging a firearm at a vehicle, Lee is charged with being an accessory.

They are undergoing separate trials.

Eriz, held without bail, has entered a plea of not guilty and could face up to 40 years in prison if convicted.