Attorneys argued on Wednesday to what degree a 26- year-old Costa Mesa man will be liable for the fatal shooting of a 6-year- old boy in a freeway dispute between drivers.
Marcus Anthony Eriz, 26, is charged with second-degree murder and shooting at a vehicle, both felonies, and faces sentencing enhancements for the discharge of a gun causing death. Co-defendant Wynne Lee, 26, is awaiting trial for being an accessory after the fact.
Eriz’s attorney, Randall Bethune of the Orange County Public Defender’s Office, said in his opening statement of the trial his client “didn’t intend to kill anyone… Mr. Eriz is not a murderer.”
Eriz is accused of killing 6-year-old Aiden Leos on May 21, 2021, as his mother, Joanna Cloonan, was driving him to kindergarten in Yorba Linda in her Chevrolet Sonic subcompact on the Costa Mesa (55) Freeway in Orange.
Senior Deputy District Attorney Dan Feldman finished his case on Monday, leaving open the question of whether Eriz will testify on his own behalf Wednesday when jurors return to court. On Monday, jurors saw video of Eriz’s questioning by California Highway Patrol investigators.