Leslie Merritt Junior will appear in court Friday for a hearing to send his case back to the grand jury.
Merritt is accused of four of the eleven freeway shootings that happened in August and September 2015.
Prosecutors say ballistic evidence matched Merritt's gun to the shootings.
Merritt's attorneys claim prosecutors deliberately left out evidence when they presented the case to the grand jury.
The Defense also claims DPS detectives bullied a key witness, Merritt's fiancée.
However, in a motion prosecutors denied those claims and argued the grand jury is not a trial.
Merritt has pleaded not guilty. The hearing is set for 1:30 p.m. in downtown Phoenix.
No one has been taken into custody for the seven other shootings and DPS has not released any additional information on those incidents.