Man Sues Ex-Wife After Their Son Is Killed in Road Rage Shooting, Claims Her Middle-Finger Gesture Was Trigger

A California father has filed a civil lawsuit against his ex-wife years after their six-year-old son was shot dead in a road rage attack, claiming her actions moments before the killing helped provoke the violence. The case has reopened public scrutiny of one of Southern California's most harrowing freeway shootings and is set to force both parents to relive the trauma in court.

Fatal Freeway Shooting That Shocked California

The lawsuit centres on the 21 May 2021 killing of Aiden Leos, who was riding in the back seat of his mother's car on a freeway in Orange County while on the way to school. According to court testimony, a white Volkswagen SportWagen cut off the vehicle driven by Joanna Cloonan, Aiden's mother, in the carpool lane.

Cloonan reacted by raising her middle finger as the vehicles travelled side by side. Moments later, a single gunshot was fired from the Volkswagen, striking Aiden in the chest. Cloonan pulled over and attempted to save her son while speaking to emergency services, but the child died at the roadside.

Shooter Convicted and Sentenced

The man who fired the shot, Marcus Eriz, was seated in the passenger seat of the Volkswagen while his girlfriend was driving. Prosecutors said Eriz pulled out a Glock 17 and fired once through the rear window of Cloonan's car.

In April 2024, Eriz was convicted of second-degree murder and shooting at an occupied vehicle. He was sentenced to 40 years to life in prison, with the court finding him solely criminally responsible for Aiden's death.

Father Files Civil Lawsuit Against Mother

Despite the criminal conviction, Aiden's father Jose Leos Jr. has now brought a civil action against Cloonan. In the lawsuit, seen by the Los Angeles Times, Leos argues that his ex-wife's hand gesture amounted to road rage and set off a chain of events that led to the fatal shooting.

The claim alleges it was 'reasonably foreseeable' that engaging in a hostile exchange with another driver could result in violence. The suit contends that without the gesture, the shot would not have been fired and Aiden would still be alive.

Mother Rejects Responsibility

Cloonan has strongly rejected the allegation that she bears any responsibility for her son's killing. While she previously told a court that she felt 'regret beyond comprehension' for making the gesture, she has maintained that this does not make her legally or morally culpable.

She has described Eriz as solely responsible for the shooting and has said she did nothing to intentionally place her son in danger. Her legal team has argued that blaming a grieving parent for another person's criminal act is both unjust and unsupported by the facts of the case.

Dispute Over GoFundMe Donations

The lawsuit also raises a dispute over money raised after Aiden's death. Leos claims Cloonan launched a GoFundMe that raised around $500,000 (approximately £372,000) for funeral costs and support, alleging he never received any of the funds.

Cloonan has said she never promised him any share of the money and that Leos ran his own separate fundraiser following their son's death. The disagreement adds a financial dimension to an already emotionally charged legal battle.

History of Family Court Proceedings

Court records show the former couple had previous legal disputes before Aiden's death. In 2019, Cloonan filed for a restraining order against Leos, citing domestic violence. A judge granted a temporary order, which was later withdrawn in favour of mediation. Further details remain sealed.

The civil case is expected to proceed in California courts, revisiting the circumstances of the road rage shooting and testing whether civil liability can be extended beyond the convicted gunman.