Motion filed to return Merritt's gun and car

- New motions have been filed in the freeway shooter case. Attorneys representing Leslie Merritt Jr. are asking for his car and firearm to be returned to him, now that the case has been dismissed.

The DPS Director, Col. Frank Milstead, believes that Merritt is still their guy. Despite the Maricopa County Attorney asking for the case to be dismissed last month, the state can still re-file charges against Merritt and say the investigation is still open.

Attorneys filed the motion on Friday asking for DPS to return the 1998 Saturn and Hi-Point 9mm handgun to Leslie Merritt Jr. According to documents, investigators collected and sent 22 swabs from Merritt's car to a lab in Pennsylvania for testing, and none of them tested positive for gunshot residue.

The motion points out that the state's own forensic expert could not positively match bullets collected from the shooting victims to Merritt's gun.

So does DPS regret anything in the investigation? "Arizonans were horrified by what was going on on I-10, they were looking for a resolution as we were... I wouldn't say it's frustrating day in and day out, but we continue the investigation, and don't have the liberty to do anything but be precise and report the facts," said Col. Frank Milstead.

Milstead still believes Merritt is the suspect.

"We'll let the criminal justice system work it's way through. It doesn't do him or us any good to try this case in the media," said Milstead.

Attorneys also filed a motion asking the judge to unseal evidence in the case. 

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