Gunman sentenced to 40 years to life in OC road rage fatal shooting of 6-year-old Aiden Leos
SANTA ANA, Calif. (KABC) -- Moments before being sentenced to 40 years in prison for the murder of 6-year-old Aiden Leos, his killer Marcus Eriz addressed Aiden's mother for the first time.
"Ms. Cloonan, I'm truly sorry for taking your beautiful son away from you," Eriz said. "I am so sorry for ever hurting him and for the pain that he went through because of me."
The 27-year-old Costa Mesa man, convicted of fatally shooting the boy during a road rage incident on a SoCal freeway, was sentenced to the maximum sentence of 40 years to life in prison by Judge Richard King Friday.
Aiden's parents were not in the courtroom, but Eriz took responsibility for his actions.
"Every night I pray for Aiden and your family. I know the burden and pain that you carry will never change," he said in a statement he read in court, referring to Aiden as "a son, a little brother and a friend to others," as well as "truly one of God's little angels."
On May 21, 2021, Aiden was sitting in his booster seat in the back seat of his mom's car on the way to kindergarten when he was shot. Authorities called it the result of a road-rage incident.
"Aiden died in Joanna's arms, and there aren't even words to express what that would do to a parent," Orange County District Attorney Todd Spitzer said.
The defense asked the judge to dismiss the gun-related enhancements based off a state law that allows the court to consider Eriz's age at the time of the crime. He also asked the judge to consider a doctor's report that discussed Eriz's claim of childhood trauma and the role they played in his actions.
The judge denied the request.
"I don't think the English language can even attempt for anybody to even describe what Aiden's mother went through after he said, 'ouch.' She pulls over, and her little boy dies in her arms. I don't think anybody - anybody - can even comprehend what the rest of her life is going to be about how her little boy died," King said before he handed down the sentence.
"Judge King could have stricken the gun enhancement and reduced that sentence from 40 years to life to 15 years to life and that would have meant with California Department of Corrections, he would have been eligible for parole who knows when, two, three, four from today," Spitzer said.
Dan Feldman, Orange County senior deputy district attorney, doesn't doubt Eriz regrets killing Aiden but argued he still deserves the maximum sentence.
"That's not what we're here to weigh, his regret. He has to be accountable for his actions, and I think the sentence reflects that." Feldman said.
He said this case took a toll on the community, and they're glad someone has been held responsible.
Eriz's girlfriend, Wynne Lee, is set to appear in court on April 26 for a pretrial hearing. She was driving the car when Eriz shot Aiden.
She's charged with being an accessory after the fact.
City News Service Inc. contributed to this report.
