A man and woman charged in connection with the fatal shooting of a 6-year-old boy on the 55 Freeway in Orange will be tried separately, a judge ruled on Friday, with the jury trial of the alleged shooter scheduled to get underway early next year.
The trial of Marcus Eriz, who faces murder and firearm charges in what police described as the road rage shooting that killed Aiden Leos, will continue as scheduled in early January. But Wynne Lee, who prosecutors say was driving at the time and is accused of being an accessory after the fact, is now scheduled to be tried separately at a later date.
The move to two separate trials was made at the request of the prosecution and approved by Orange County Superior Court Judge Richard King. The motivation for the request was not specified during a hearing Friday morning in a Santa Ana courtroom, but neither Lee’s attorney nor Eriz’s attorney objected.
Leos’ mother was driving him to kindergarten on the 55 Freeway around 8 a.m. on May 21, 2021 when she was cut off and her vehicle almost struck by a Volkswagen Golf SportWagen that prosecutors allege was driven by Lee. Lee allegedly made a “peace sign” toward the angry mother, who prosecutors say flipped off the occupants of the Volkswagen as she passed the vehicle near Chapman Avenue.
Eriz, who was riding in the Volkswagen, took out a gun and shot at the other car, prosecutors allege. The mother later described hearing a loud sound and Aiden saying “ow,” leading her to pull over and look back to see the boy bleeding from the chest. He died within the hour.
Eriz and Lee continued their drive from Costa Mesa to their workplace in Highland, prosecutors say. During the week leading up to their arrest, the two made the same commute, prosecutors allege, traveling past overpasses with banners asking, “Who shot Aiden?“
A tipster eventually told authorities that the pair were tied to a vehicle matching the description of the car authorities were searching for in the killing of Aiden. That person also told authorities that Eriz had altered his appearance by shaving off his beard and the two had suddenly begun coming to work in a different vehicle, according to previous testimony.
If convicted, Eriz is facing up to 40 years to life in prison. Lee, who along with the accessory allegation is also charged with storing a concealed firearm in a vehicle, faces up to three years in state prison and a year in county jail.
Decisions on final pretrial motions for Eriz, followed by jury selection, are scheduled for January. Lee is scheduled to return to court on Feb. 9 to discuss a schedule for her jury trial.
