Freeway shootings update: No physical evidence links Leslie Merritt Jr. to scenes, documents show

Posted at 5:33 AM, Apr 10, 2017
and last updated 2017-04-10 12:29:22-04

Nearly a year ago Leslie Merritt Jr. walked out of a Maricopa County jail as a free man.  

The dozen or so charges against him from when he was arrested in connection with the I-10 freeway shootings were dropped. 

FULL COVERAGE: Phoenix freeway shootings

To this day, the charges against Merritt have not been re-filed and no one else has been charged in the case. 

The Arizona Department of Public Safety has previously told ABC15 the case remains an ongoing investigation.  

Merritt has filed a civil suit against DPS after spending months in jail only to have the charges dropped. 

On Friday, Merritt's team of attorneys filed new court documents that reveal the inner workings of the investigation and what DPS investigators did and did not know.

Amid the legal requests, the filing contains a deposition of a DPS investigator, Major Kelly Heape.

Heape was questioned by Merritt's attorney Jason Lamm. When asking about the use of license plate readers, Lamm asks Heape, "Do you have any LPR (license plate reader) data that puts Mr. Merritt at the scene?"

Heape answers according to the court filing, "Not that I'm aware of."

As it relates to evidence, Lamm asks, "Are you aware of any physical evidence that puts Mr. Merritt at the scene of any of the four shootings?"

Heape responds, "No."

Lamm continues to question Heape, according to the court documents, asking "At the time of Mr. Merritt's arrest was there any ADOT video that placed him at that scene of the four shootings?"

Documents say Heape, responds with, "No."

Lamm then asks Heape about gunshot residue, "At this time of his (Merritt) arrest was there any gunshot residue evidence that linked him to any of the four shootings?"

Heape responds, "Not that we collected, no."

According to the court filing, Heape testified that since Merritt's release from jail on April 19, 2016, Merritt has been the subject of physical surveillance.

At the time of his arrest, DPS and prosecutors stated that Merritt's gun matched the bullets or bullet fragments from the scenes, therefore, linking him to the crimes.

Earlier this year, Merritt's gun was released back to his attorney.

Merritt maintains his innocence.

More, similar court filings are expected as the civil lawsuit against the State of Arizona makes its way through the court process.