MARCUS Eriz, the suspect in the murder of Aiden Leos, allegedly threatened another driver with a firearm – just days after the boy's tragic death.
Leos, 6, was killed during a road-rage shooting on May 21 when his mom gave Eriz, 24, the middle finger after his girlfriend cut her off on a California highway.
Eriz, 24, and driver Wynne Lee, 23, will be arraigned on Friday and the alleged shooter was involved in another disturbing incident that saw the alleged shooter brandish a gun at another driver, according to prosecutors.
Days after Leos was shot dead on the 55 Freeway, the couple allegedly got into another "altercation on the freeway" between May 24-28, lawyers alleged in a motion, according to a motion cited by KABC.
It stated: "As Wynne Lee was driving on the 91 eastbound on the way to work with defendant Eriz as her front passenger, a driver in a blue Tesla did something to make defendant Eriz angry, acting aggressively.
"Defendant Eriz again took out his gun and brandished it to the driver of the Tesla. That driver told the defendants that he had called the police and then he drove away."
On May 28, Eriz's co-worker told him his vehicle looked similar to the one police were looking for, and "at that time, he looked on the internet and saw the story about Aiden Leos' death," prosecutors alleged.
"He said he 'immediately' knew he was responsible for the boy's death. He then told Wynne Lee about his revelation," the court documents said.
That day, Eriz allegedly hid the Volkswagen at a family member's garage, he began driving his red truck to and from work, shaved his "substantial beard" on June 3 and "started to wear his long hair back in a tie."
Lawyers alleged Lee and Eriz both applied for a new job after May 28.
They accused Eriz of being an "extreme danger to the community" who "cannot control his temper and he goes to extremes in the snap of a finger when he is angered."
Prosecutors claimed Eriz owns multiple firearms, including an AR, a revolver and the Glock 17 "that was used in this murder."
The filing read: "He has various photos and videos on his social media that show him shooting different kinds of guns.
"He is also a skilled shooter as evidenced by those same videos. He admittedly and regularly carried his loaded Glock with him on his person and in Ms. Lee's vehicle while they drove to work."
Lawyers said taking away Eriz's guns would stop him from using another firearm and said GPS would only show where he committed another crime.
Prosecutors have requested upping their bail and Orange County Superior Court Judge Larry Yellin will consider the request in court tomorrow, Friday, June 18.
Leos' mother Joanna Cloonan, was driving him to kindergarten in her Chevrolet Sonic when Eriz and Lee – in a Volkswagen Golf Sportwagen – cut them off, lawyers claim.
Lee, who was behind Leos' mother, then allegedly swung into the fast lane and then accelerated at an "extremely high rate of speed" to get in front of her.
The motion read: "Wynne Lee motioned to the victim vehicle a 'peace sign' with her hand and continued driving."
Cloonan was angry after being cut off so gave the middle finger "at the two as she passed,'' prosecutors said, before hearing "a loud bang to the rear of her vehicle and heard her little boy in the backseat say, 'Ow.'"
Aiden, who was sitting in the back seat of his mother's car, allegedly suffered a chest wound and was pronounced dead at 8:39am at Children's Hospital Orange County.
Eriz said he "was angry after being 'flipped off' by Ms. Cloonan, so he grabbed his loaded Glock 17 9mm and racked a round," the motion cited by ABC stated.
"He then rolled the passenger window down and took a shot at her vehicle. After shooting the victim, the defendants continued on to the 91 eastbound and on to work in the city of Highland."
Eriz and Lee were arrested in their home in Costa Mesa, California Highway Patrol said.
The pair were in court earlier this month where Eriz was charged with murder and his girlfriend was charged with being an accessory to murder.
Alongside the charges, Eriz had his bail hiked to a whopping $2million. Lee's is set at $500,000.
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