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Gunman who killed 6-year-old in road-rage shooting on 55 Freeway in Southern California is found guilty

Defendant Marcus Eriz talks with his attorney Randall Bethune before opening statements in court in Santa Ana, California. (Paul Bersebach/Orange County Register/TNS)

After deliberating for two hours, an Orange County Superior Court jury on Thursday, Jan. 25, found the gunman who shot and killed a 6-year-old riding in the back seat of his mom’s car on the way to kindergarten guilty of second-degree murder.

The jury also determined he was guilty of shooting at an occupied motor vehicle.

On May 21, 2021, in rush-hour traffic, Aiden Leos and his mom were on the 55 Freeway in Orange heading north when she gave a driver the middle finger for cutting her off — prompting passenger Marcus Anthony Eriz in the offending car to fire a single shot that hit and kill the boy.

Yellow crime-scene tape stretches across the northbound lanes of the 55 freeway in Orange, California, as investigators walk the freeway looking for evidence on May 21, 2021. (Mark Rightmire/Orange County Register/TNS)

A reward to find them swelled to $500,000.

More than two weeks later, investigators had pieced together evidence, aided in that their car was somewhat unusual, to find and arrest the couple at their Costa Mesa apartment.

“I don’t know why, I have no answer why, but I pulled out my Glock and pulled the trigger and it was gone,” Eriz told an officer in an interrogation room. “I’ll tell you anything.”

During the trial, his lawyer said:“He is not a monster. He is just a young guy who made a mistake. … He didn’t mean to kill Aiden, he didn’t mean to kill anyone.”

Eriz, who will remain in jail, was scheduled for sentencing on April 12. The Orange County District Attorney’s Office said he faces up to 40 years to life.

Lee faces lesser charges, including being an accessory after the fact, in a future trial.

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