There will be no bail set for Marcus Anthony Eriz after new evidence shows Aiden Leos’s killer threatened another driver with his gun days after killing the 6-year-old boy. Superior Court Judge Larry Yellin decided to set no bail for Eriz, a sterner ruling than the previous $2 million bail previously set.

Eriz’s lawyer, Randall Bethune, claimed his client was not going to post bail at that price. Now there is no choice for his defendant, who will stay in jail as he awaits trials.

Whitney Bokosky, the Deputy District Attorney, called Eriz a danger to the public and urged the court to hold him without bail. “He has shown that he cannot control his temper and he goes to extremes in the snap of a finger when he is angered,” she wrote.

Judge Larry Yellin agreed, saying that “it seems to me that Mr. Eriz is a complete danger to the community, to society. There is a substantial likelihood of a threat to the public if Mr. Eriz was to get out.”

Marcus Anthony Eriz, the man who killed 6-year-old Aiden Leos during a road rage incident, is charged with murder and discharging a gun into an occupied vehicle. He also faces sentencing enhancements for firing a gun and causing great bodily injury or death.

Eriz recently confessed to opening fire on Leos’s mother’s vehicle, and now it’s been revealed that he flaunted his gun at another driver in a separate incident, though no one was harmed during that confrontation. Eriz pleaded not guilty to the charges in a virtual arraignment Friday, however, the Judge considers Eriz a public threat.

New court documents detailed the moments leading up to Aiden Leos’s tragic death, when Marcus Anthony Eriz and the driver, Wynne Lee, were driving down 55 Freeway and cut off Joanna Cloonan’s vehicle with her son, Aiden Leos, in the back seat. Cloonan reportedly sent a crude gesture towards Eriz and Lee, who eventually maneuvered behind Cloonan’s car and opened fire.

The court documents were filed just a week after authorities arrested 24-year-old Marcus Eriz and the 23-year-old driver, Wynne Lee, at their Costa Mesa home. The road rage incident occurred as Cloonan was driving Leos to Kindergarten last month. After the couple cut Cloonan off on the freeway, Lee reportedly gestured a peace sign and continued driving.

Marcus Eriz was arrested along with Wynne Lee. The two suspects are accused of shooting and killing 6-year-old Aiden Leos on May 21.
Marcus Eriz was arrested along with Wynne Lee. The two suspects are accused of shooting and killing 6-year-old Aiden Leos on May 21. Photo Credit: Instagram

It wasn’t until a few miles down the road when Cloonan was preparing to merge onto another freeway that she drove past Lee’s vehicle. “She was still angry about being cut off and she put up her middle finger at the two she passed,” it said in the bail motion.

It was then that Cloonan “heard a loud bang to the rear of her vehicle, and heard her little boy in the backseat say ‘Ow.’” When Cloonan pulled over, her son was bleeding from the chest. Authorities arrived on the scene and Leos was taken to the hospital where he was pronounced dead.

The bail motion detailed the moment in Lee’s car, in which both Eriz and Lee were angry at Cloonan for flipping them off so Marcus Eriz “grabbed his loaded Glock 17 9mm and racked around. He then rolled the passenger window down and took a shot at her vehicle.”

In the same motion, it was revealed that days after the incident, Lee and her boyfriend were riding down the highway again when a driver in a blue Tesla did something to make Eriz angry. He then took out his Glock 17 9mm once again and “brandished it to the driver of the Tesla.”

The motion also claimed, “that at the time, [Marcus Anthony Eriz] knew he was responsible for the boy’s death.” He then told Lee about Leos’s death and hid her car in a relative’s garage. Eriz changed his appearance in June by shaving his beard and began wearing his hair back, so he wouldn’t be identified by authorities.

Marcus Anthony Eriz is a 'gun nut' who posted dozens of pictures of firearms on his Instagram.
Marcus Anthony Eriz is a ‘gun nut’ who posted dozens of pictures of firearms on his Instagram. Photo: Marcus Eriz/Instagram

Marcus Anthony Eriz, the “danger to the community,” according to Judge Larry Yellin, was also deemed a “gun nut” by the public for his Instagram account. He has posted several pictures of himself at shooting ranges, as well as close-up shots of his firearms. Marcus Eriz is awaiting trial in and he could face up to 40 years in prison.