Jury selection is underway inside a Santa Ana courtroom and is expected to take a couple of days.
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Marcus Anthony Eriz is accused of fatally shooting Aiden Leos on May 21, 2021 as his mom drove him to kindergarten. Investigators said Aiden was sitting in his booster seat when shots rang out.
Eriz and his girlfriend, Wynne Lee, were arrested after a two-week manhunt. Eriz faces multiple charges, including murder and shooting into an occupied vehicle.
Lee was allegedly driving the car when the shooting took place. She faces up to four years behind bars if convicted on charges of being an accessory after the fact and having a concealed firearm in a vehicle.
The couple has pleaded not guilty.
On Tuesday, Judge Richard King, Orange County prosecutors and Eriz's defense attorneys worked to narrow down the jury pool to seat a 12-person jury. During the selection process, both sides asked potential jurors to be fair. The state plans to call up several law enforcement and civilian witnesses to testify.
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Aiden's family continues to grieve this senseless act of violence.
"I want nothing more than to find justice. Although it won't bring you back into our arms it makes me outraged that such a precious, beautiful soul did not get the opportunity to continue developing into a young man and starting a family of his own one day," said his mother, Joanna Cloonan, during his memorial service.
A jury could be sworn in by Thursday and opening statements could begin soon after. Attorneys said the trial could last more than a week.
If convicted Eriz faces 40 years to life in prison.