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AZ Freeway shootings case: Merritt to get car and gun back

New developments in the freeway shooting case: lawyers for Leslie Merritt, Jr. headed to court on Friday to help get his car and gun back.

The Department of Public Safety claims the gun they seized was used in the freeway shootings. Ballistics testing couldn't prove that bullets came from that gun, which Merritt will get back.

"it is his property. He has done nothing wrong," said attorney Jason Lamm. Why should Mr. Merritt get his gun back?"

Because of that ballistic evidence, the charges against Merritt were dismissed, but in court, prosecutors argued that the case is still open.

"Leslie Merritt, Jr. is simply not the I-10 freeway shooter. He is innocent of all charges. His property wasn't involved. He has every right to his car and his gun, just like every other innocent person would," said Lamm.

Attorneys also successfully argued that Merritt should get his car back too. It was seized when he was first arrested back in September, 2015.

"Just like any other person, he wants his car back because it is one more step to attaining normalcy," said Lamm.

DPS maintains that Merritt is still their prime suspect, however Merritt's attorneys plan to sue the state for $10 million.