Charges to be dropped in Phoenix freeway shooting case

PHOENIX --The man authorities have described as the Phoenix freeway shooter who terrorized the city last year received a huge victory Friday with prosecutors deciding to dismiss all charges -- for now.

Jerry Cobb, spokesman for Maricopa County Attorney Bill Montgomery, said that the office filed a motion to dismiss the charges, which include carrying out a drive-by shooting, without prejudice against Leslie Merritt Jr.

"In conjunction with (the Department of Public Safety), we have identified additional forensic investigation that needs to be completed in order for the case to proceed," Cobb said.

This action will allow them "the necessary time" to file charges again, Cobb added. He declined to comment further.

Jason Lamm, a defense attorney representing Merritt, tweeted a copy of the paperwork Friday evening, CBS affiliate KPHO reported.

Lamm said on Twitter that the gag order imposed by a judge is still in place until the charges are formally dismissed. He did not immediately return messages seeking additional comment.

A spokesman for the Arizona Department of Public Safety told KPHO his agency would have no comment until the gag order is lifted.

"I would expect a statement next week," Capt. Damon Cecil said in an email.

The news comes amid questions about the evidence that the Arizona Department of Public Safety said links Merritt to the crimes.

He was released from jail Tuesday after a judge reduced his bond -- once set at $1 million -- to zero. He was allowed to return home under electronic monitoring.

Judge Warren Granville imposed the gag order. As a result, lawyers said they could not discuss the evidence that prompted the shift in bond. Defense attorneys have said ballistic tests cast doubt on authorities' claims that he was behind four of the freeway shootings. The investigation into the other shootings remains open.

Although nobody was seriously injured, the shootings caused panic on Phoenix-area freeways, where 11 vehicles were hit in August and September of 2015. The head of the Department of Public Safety said the shootings were the work of a domestic terrorist, and authorities heightened patrols and surveillance in pursuit of a suspect.

Detectives took Merritt into custody Sept. 18. Gov. Doug Ducey declared, "We got him!" on Twitter five minutes after the arrest.

In court the next day, Merritt adamantly denied shooting any cars, telling the judge, "I'm the wrong guy."

He pleaded not guilty to drive-by shooting, aggravated assault and other charges.

His lawyers immediately began raising questions about the evidence, citing ballistics information and phone records they say provided an alibi for their client.

They also pointed to road rage shootings that happened on Phoenix-area freeways after Merritt was arrested, saying the cases were proof that the culprit was still out there.

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• Phoenix