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Marcus Anthony Eriz, convicted in the deadly road rage shooting that left 6-year-old Aiden Leos dead in the back seat of his mother's car on a SoCal freeway back in 2021, was sentenced on Friday.
Eriz, 26, of Costa Mesa, was sentenced to 40 years to life in prison, with a right to appeal his sentence in court. He was convicted in January of second-degree murder and firing at an occupied vehicle for the deadly May 21, 2021, shooting on the freeway that killed Aiden Leos. Jurors also found true allegations of personal use of a handgun.
Co-defendant Wynne Lee, 26, Eriz's girlfriend, is awaiting trial for being an accessory after the fact. Eriz was a passenger in the car driven by Lee when the shooting occurred.
His defense attorney argued that Eriz was under the age of 25 at the time of the deadly encounter, and under California law, unless he is granted no opportunity for parole, the statute allows people between the ages of 18 and 25 to seek parole at their 15th, 20th and 25th years of incarceration. However, the judge said he could not connect age as a factor to the crime.
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The judge addressed the aggravating factors of the crime, highlighting the impact on the victim's family, particularly Aiden's mother, whose experience after her son was shot was described as unimaginable. The judge emphasized the severity of the crime, stating that Eriz had power in the moment of the shooting and highlighted the vulnerability of Aiden as the most innocent victim.
Ultimately, the judge ruled not to dismiss the enhancement and imposed a sentence of 25 years to life consecutive to the initial sentence, resulting in a total of 40 years to life for count one. For count two, the judge imposed a mid-term sentence plus an additional 25 years to life.
Prior to the sentencing, Eriz provided a closing statement, in which he apologized to Aiden's family. He began by acknowledging Aiden as a "beautiful, precious, sweet, and happy little boy," emphasizing how Aiden brightened the world and was like "one of God's little angels." Eriz expressed profound regret, stating, "I am so sorry for ever hurting him and for the pain that he went through because of me. He never deserved it, and neither did his family."
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Eriz directly addressed Aiden's mother, Joanna Cloonan, expressing sorrow for taking her son away and acknowledging the immeasurable pain inflicted upon the family. He recognized the ripple effect of his actions, extending apologies to first responders, hospital staff, investigators, legal teams, and his own family, among others, acknowledging the trauma and suffering caused by his choices.
In a heartfelt plea to God, Eriz sought forgiveness and prayed for Aiden's family to find peace and happiness. He recognized his accountability before God, expressing a desire for redemption and guidance back to a righteous path. Eriz ended his statement with a prayer, asking for forgiveness and vowing to honor Aiden's life for the remainder of his own.
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, Eriz and Lee.
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Lee made a peace sign, which Cloonan took as sarcastic, and a few miles later as Cloonan was merging over to the 91 Freeway east she passed the defendants and gave them a middle finger, Senior Deputy District Attorney Dan Feldman said during opening statements of the trial.
The defendants then positioned their car behind Cloonan's, and Eriz fired a shot from a 9mm Glock that struck the Chevrolet, went into the passenger compartment and struck the boy.
Cloonan, who was northbound on the freeway, heard a loud bang that sounded like a rock striking her vehicle followed by her son's cry, Feldman said. She immediately pulled over, the prosecutor added.
Her son, who had turned 6 a week and a half before the shooting, was bleeding from a bullet that ripped through his liver, lungs and his heart before coming out of his abdomen, Feldman said. The boy died in her arms.