Attorneys file motion to get Merritt's car, gun

Posted at 5:22 AM, May 02, 2016
and last updated 2016-05-02 09:32:55-04

Leslie Merritt Jr. was jailed for months as a suspect in several freeway shootings that took place on Phoenix-area freeways last summer.

He's now out of jail and ready to get his life -- and his property -- back.

A new motion filed by Merritt's attorneys on Friday has asked for Merritt's personal belongings -- including his seized gun and vehicle -- to be returned to him.

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

According to court documents, law enforcement forensic tests inside his vehicle failed to test positive for gunshot residue. The motion suggests that the State has "no good faith basis" to keep the vehicle in their possession.

Ballistics conducted by an expert hired by prosecutors couldn't fully link Merritt's handgun, which was seized from a Valley pawn shop, to any of the bullets recovered from victim vehicles.

RELATED: Suspect released from jail

In addition to Merritt's vehicle and gun, the motion asks for Merritt's wallet, its contents and other personal property from his vehicle at the time of seizure. Those items were only impounded to "safekeeping" at the time of seizure, according to the motion.

A lawsuit has been filed against the State of Arizona, Maricopa County, Gov. Doug Ducey and Maricopa County Attorney Bill Montgomery for $10 million in compensation for Merritt's lost wages, legal fees and emotional stress.