Eriz has been charged with murder and discharge of a gun into an occupied vehicle. Lee has been charged with one felony count of accessory after the fact, and a misdemeanor count of having a concealed firearm in a vehicle. Eriz also faces sentencing enhancements.
Lee was driving, according to prosecutors, and Eriz is suspected of firing the gun.
The criminal complaint was filed by the Orange County District Attorney’s Office on Tuesday.
Eriz faces a maximum of 40 years to life if convicted of all charges, according to the District Attorney’s Office, and if convicted on her charges, Lee would face three years in state prison and a year in county jail, the Orange County Register reports.
Prosecutors recommended $2 million bail for Eriz and $500,000 for Lee. They were held on $1 million bond each after their arrests on Sunday.
Authorities said the boy’s mother was driving a Chevrolet Sonic approaching State Route 22 from the 55 near Chapman Avenue. A road-rage incident ensued after “a perceived unsafe lane change,” according to the CHP.
Leos was sitting in the back seat of the Sonic when a gun was reportedly fired from a station wagon, believed to have been a late-model Volkswagen Golf SportWagen. The bullet went through the trunk of the Sonic and the boy’s booster seat, striking him in his back.
CHP said after the shooting, the suspect vehicle continued north on the 55, then traveled east on State Route 91 toward the city of Riverside. Authorities said the driver was female and the passenger was male.
Charges filed. Marcus Eriz eligible for life sentence for murder and Wynne Lee facing 4 years for accessory after the fact in murder of 6 year old Aiden Leos in road rage incident on 55 fwy. Arraignment in C55 today. pic.twitter.com/oP7U74Mimf
Monday, authorities said they found what they believe were the gun and the vehicle, the Register reports. The Volkswagen is registered to Lee’s father and was located at Eriz’s grandmother’s house in Whittier. The gun, believed to be registered to Eriz, was allegedly found at Eriz’s workplace.