The person who DPS investigators say opened fire on vehicles on I-10 says he is innocent, and he has an alibi.
21-year-old Leslie Merritt Junior of Glendale has been behind bars since his arrest on September 18.
"As Mr. Merritt said at the time of his initial appearance, 'I'm the wrong guy' now we have the evidence to show it," said attorney Jason Lamm.
Lamm says cell phone records and family accounts place Merritt Jr. at his home in Glendale during the two shootings on the morning of August 29, and another shooting later that evening when a car was shot near I-10 and 16th Street.
"The phone records show he was in Glendale, not along the I-10 freeway," said Lamm.
Lamm filed a motion in court Tuesday to have his client, being held on a $1 million dollar bond, released on his own recognizance.
"Hopefully this alibi evidence we put out will get him out of custody sooner rather than later, he really wants to be with his family, that's the most important thing," said Lamm.
Maricopa County Bill Montgomery said he doesn't want to try the freeway shooter case in the media but. "I don't have any concerns about the DPS investigation to date, obviously with information that was provided we were able to file charges, and we secured an indictment," he said.
Montgomery says the arguments being raised by Merritt's attorney are not unique. The County Attorney will respond to the motion in writing, and the court will set a hearing where the two sides will present their cases. Then a judge will decide whether Merritt should be released.