SANTA CLAUS (CBSLA) – A Costa Mesa couple has been charged in the traffic rage shooting death of 6-year-old Aiden Leos are expected to appear in court for the first time on Tuesday.
The Orange County District Attorney’s Office on Tuesday filed charges for murder and firing a gun at an occupied residence against 24-year-old Marcus Anthony Eriz. His girlfriend, 23-year-old Wynne Lee, was charged with a felony of complicity after the act and a felony of having a concealed firearm in a vehicle.
Eriz also faces a raise for personal discharge from a firearm resulting in bodily harm and death.
Both were scheduled to appear in court on Tuesday afternoon, but the arraignment was later postponed to June 18.
Bail was tentatively set at $2 million for Eriz and $500,000 for Lee.
Eriz could face a maximum sentence of 40 years to life if convicted on all counts. Lee faces a maximum sentence of three years in prison, plus one year in prison.
California Highway Patrol detectives believe that Lee was driving the car involved in the road rage incident, while Eriz was in the front passenger seat and committed the shooting himself.
At a news conference on Tuesday afternoon, Spitzer said prosecutors did not have sufficient evidence to support a murder charge against Lee. He said prosecutors must “analyze evidence regarding each individual’s behavior,” and “based on our review of the evidence, we did not believe we could also file a murder charge against her at this point.”
The married couple were arrested outside their Costa Mesa apartment Sunday night. CHP announced Monday that investigators found the vehicle they were driving and the firearm used in the shooting.
On Tuesday, Spitzer said he cannot say where the weapon was recovered, but he believes it was in Eriz’s name.
On the morning of May 21, Aiden was sitting in a booster seat in the back of his mother’s Chevrolet Sonic, en route to kindergarten in Yorba Linda, when the shooting happened on Highway 55 in the northbound city of Orange.
Joanna Cloonan, Aiden’s mother, was involved in a traffic accident involving the occupants of a white Volkswagen station wagon over a perceived unsafe lane change, according to CHP.
The white Volkswagen station wagon was found Monday, hidden in the garage of a Whittier house in a quiet neighbourhood. Property records indicate that the homeowner, a woman, is a relative of Eriz. A neighbor, Kevin DeSilva, said a grandmother lives at Whittier’s house but has been on vacation for several weeks.
The VW is registered to Lee’s parents.
The reward for information leading to the arrest of the suspects has exceeded $500,000. So far, there’s no word on what will happen to the reward, but Spitzer said at least one tip helped with the arrests, and “there will definitely be an argument for reward money.”
He noted that the reward is dependent on a conviction, not just an arrest, so a final decision will wait until the case goes to court.