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Could Merritt be charged in the future?

Posted at 8:43 AM, May 05, 2016
and last updated 2016-05-05 15:31:41-04

Another new development in the freeway shootings case.

This time, Leslie Merritt Jr’s attorneys filed a motion that would prevent the prosecutors from ever filing charges again.

RELATED: 30 questions: Have we seen new freeway shootings in Phoenix since Leslie Merritt Jr. was in jail?

Merritt’s defense team wants the case dismissed with prejudice. Right now, the case has been dismissed without prejudice.

RELATED: Leslie Merritt Jr.'s attorney files motion to get seized gun, car returned

If the motion is granted, that means prosecutors could not seek charges against Merritt again.

The defense team says Frank Milstead’s comments on Friday prove the state dropped their case because they were not ready.