Prosecutors Dismiss Charges in Phoenix Freeway Shooting Case
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Version 0 of 1. PHOENIX (AP) — Prosecutors have decided — at least for now — to dismiss all charges against the man who the authorities have described as the Phoenix freeway shooter who terrorized the city last year. Jerry Cobb, a spokesman for the Maricopa County attorney, said that the office filed a motion to dismiss the charges, which include carrying out a drive-by shooting, without prejudice against the suspect, Leslie Merritt Jr. “We have identified additional forensic investigation that needs to be completed in order for the case to proceed,” Mr. Cobb said Friday. This action will give investigators the necessary time to refile charges, Mr. Cobb added. He declined to comment further. Jason Lamm, a defense lawyer for Mr. Merritt, did not return messages seeking comment on the development. On Twitter, Mr. Lamm said that a gag order imposed by a judge will remain in place until the charges are formally dismissed. The news comes amid questions about the evidence that the Arizona Department of Public Safety said links Mr. Merritt to the crimes. Mr. Merritt was released from jail on 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 lawyers have said that ballistic tests cast doubt on the authorities’ claims that Mr. Merritt was involved in four of the freeway shootings. The investigation of 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 the authorities heightened patrols and surveillance in pursuit of a suspect. Detectives took Mr. Merritt into custody on Sept. 18, and Gov. Doug Ducey declared, “We got him!” on Twitter minutes after the arrest. The governor’s office issued a statement on Friday acknowledging only that the case was not over. “This issue is working through the criminal justice system, where it remains under investigation by state and county authorities. We expect the case to be treated fairly,” said Mr. Ducey’s spokesman, Daniel Scarpinato. During a court appearance the day after his arrest, Mr. 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 telephone records they say provided an alibi for their client. They also pointed to road rage shootings that happened on Phoenix-area freeways after Mr. Merritt was arrested, saying the cases were proof that the culprit was still out there. |