A person accused of fatally capturing a 6-year-old boy on the 55 Freeway in Orange, and the lady who authorities say was driving him on the time, will face a jury trial for his or her suspected roles within the road-rage confrontation, a choose dominated on Wednesday, March 30.
Orange County Superior Courtroom Choose Larry Yellin decided there's sufficient proof for Marcus Anthony Eriz to face trial for homicide and firearm expenses and for Wynne Lee to face trial for allegedly being an adjunct after the very fact in connection to the killing final yr of Aiden Leos.
The choose’s ruling adopted an hour-plus preliminary listening to through which a California Freeway Patrol investigator described his interviews with Leos’ mom — who was driving the boy to kindergarten when he was shot — and each Lee, 24, and Eriz, 25, after they have been taken into custody days later.
The small print supplied by Officer Kevin Futrell largely echoed descriptions beforehand made public in courtroom filings by prosecutors.
Joanna Cloonan, the boy’s mom, informed investigators at about 8 a.m. on Might 21 she was driving north on the 55 in her Chevrolet Sonic when she was lower off and nearly struck by a Volkswagen Golf Sportwagen.
The mom described the driving force of the Volkswagen, who authorities have recognized as Lee, making a “peace signal” towards Cloonan, the officer testified. Nonetheless offended, the mom reportedly described flipping off the occupants of the Volkswagen as she handed it close to Chapman Avenue.
Moments later, the mom informed the officer, she heard a loud sound, comparable to a rock or different object hitting her automobile window, and heard Aiden say “ow,” main her to tug over.
“She appeared again and noticed that Aiden was bleeding from the chest,” Futrell testified.
Eriz and Lee, prosecutors say, continued their drive that day from Costa Mesa to their office in Highland. Within the days following Aiden’s demise, the 2 continued that commute, touring beneath overpasses with banners asking, “Who shot Aiden?”
An undisclosed tipster who claimed to work with the pair informed authorities that the 2 commuted in a automobile matching the outline of the automobile authorities have been trying to find. The tipster additionally reported that Eriz had altered his look by shaving off his beard, and famous that the 2 all of a sudden started coming to work in a unique automobile.
“All of it got here collectively and clicked for the tipster,” Futrell mentioned.
On June 6, greater than two weeks after the capturing, the couple was arrested at their Costa Mesa residence.
Throughout his CHP interview, Eriz described the mom as “screaming and yelling” at them and mentioned he “for some purpose” determined to succeed in for his gun and shoot on the different automobile, the officer testified.
Eriz mentioned he carried the firearm as a result of in his phrases “there are such a lot of hostile drivers on the highway,” the officer added.
The officer additionally mentioned Lee instantly after the capturing yelled at Eriz, “What did you do?”
The officer added that Eriz claimed he didn’t be taught of Aiden’s demise till days later when a co-worker talked about Lee’s automobile matched the one police have been in search of and he appeared up an internet article.
“He mentioned he instantly knew it was him and had a panic assault,” Futrell mentioned.
The officer mentioned when Eriz informed Lee what he had realized, she informed the investigator she responded: “You don’t know for a truth it was you.” Requested throughout a police interview whey she didn’t come ahead sooner, Lee mentioned “she was afraid of incriminating herself … or she wasn’t positive it was them.”
“She gave the impression to be in denial it was them,” Futrell testified.
Eriz’s legal professional, Randy Bethune, questioned the officer about what precisely Aiden’s mom noticed on the time of the capturing.
“She by no means noticed a gun?” Bethune requested.
“No, sir,” the officer answered.
“She by no means noticed Eriz reaching with a gun?”
“No, sir.”
Lee’s legal professional challenged the accent expenses, noting that Eriz, not Lee, was the one who hid Lee’s automobile at a relative’s residence in Whittier. He additionally mentioned that it was Eriz, not Lee, who introduced the gun into Lee’s automobile.
Senior Deputy District Legal professional Dan Feldman argued that Lee was conscious that Eriz had introduced the gun into her automobile earlier than, and he or she allowed him to cover her automobile after the capturing.
Choose Yellin dominated that the 2 will face the fees as filed by prosecutors: Eriz is going through felony counts of homicide and discharging a firearm at an occupied automobile, each with gun enhancements, whereas Lee is going through a felony depend of accent after the very fact and a misdemeanor depend of getting a hid firearm in a automobile.
Each will return to courtroom for an arraignment on April 12. Within the meantime, Eriz will stay in jail custody, whereas Lee is free on bail.