Leslie Merritt Jr was arrested Sept 18, 2015 and charged with shooting at cars of Phoenix freeways
(1).
"PHOENIX Leslie Merritt Jr. sat in a police interrogation room, unaware of why he had just been swarmed by SWAT officers and whisked away in handcuffs." (2)
"The interrogation went on for more than two hours, culminating with the detective telling Merritt that ballistics experts had matched his handgun to four of the 11 shootings, and that they had him on video pulling the trigger. The latter was a lie. The former would be the undoing of it all. Seven months after Merritts arrest, the entire case fell apart, leading to his release, the dismissal of charges, allegations of a botched investigation and a gunman authorities dubbed a domestic terrorist possibly still on the loose." (2)
In court the day after his arrest, Merritt adamantly denied shooting at any cars, telling the judge, "I'm the wrong guy." (3)
What Merritt should have told the judge was:
Those are not my bullets, your honor!
Attorney Brandon Mayfield was falsely accused of involvement in a terrorist bombing based on a reported (by the FBI) fingerprint match that was not really a match.
(4)
''That's not my fingerprint, your honor,'' a baffled Mr. Mayfield said at one point to the judge during a hearing after his arrest, pleading not to be taken to jail. (4)
Now there is a case with this time multiple matches, to bullets and bullet fragments instead of fingerprints, that turned out not to be matches. Leslie Merritt Jr was falsely accused of being involved in random freeway shootings in Phoenix Arizona and spent 7 months in custody before being released with zero bail and electronic monitoring. The charges were soon dismissed.
In one of the news videos, the word
"arrogance" is used to describe Merritt
(5) for daring to make such a statement in court professing his innocence, against advice.
Attorney Brandon Mayfield also spoke up in his defense in court but was not called
arrogant. Is this because he is an attorney? Do attorneys have special rights to freedom of speech?
Indeed, it was the investigating agency (the FBI) that was called
arrogant in the Brandon Mayfield case.
(6)
"Since Aug. 29 [2015 through September 18, 2015], there have been 11 confirmed shootings of vehicles in the Phoenix area involving bullets or other projectiles. Most occurred along Interstate 10, a major route through the city. The Walmart where the suspect [Leslie Merritt Jr, a Glendale Arizona landscaper] was arrested is 6 miles north of where some of the shootings on I-10 occurred." (7)
"Out of nowhere, this cop comes out and he has (a rifle) pointed at (the suspect), and he's like 'get on the ground!'" [Eyewitness Joey] Bennett said. (7)
The governor of Arizona broke the news about the arrest:
"We got him!" [Arizona Gov. Doug] Ducey tweeted. "Great work by Arizona DPS investigators and SWAT team." (7)
BREAKING: We got him! DPS SWAT team is in custody of the individual suspected of I-10 shootings. Apprehended moments ago. (7)
Doug Ducey (@dougducey) September 19, 2015 (7)
"[Arizona] Department of Public Safety Director Frank Milstead announced the arrest at a news conference two hours later, saying a suspect was arrested in four of the 11 shootings. He said the investigation continues." (7)
Milstead said the suspect was arrested in the first four shootings, which took place on Aug. 29 and 30. The agency says the man faces a range of charges that include criminal endangerment, assault and unlawful discharge of a firearm. Milstead has previously called the incidents "domestic terrorism crimes." (7)
"There have been no serious injuries..." in the shootings. (8)
The only evidence against Merritt were matches of
"bullets and bullet fragments" (9) from 4 of the cases to his gun, which was retrieved for testing from a pawn shop.
"Police said a gun owned by Merritt had been matched to bullet fragments in the four shootings." (10)
"On August 31, 2015, at approximately 1048 hours, AZ DPS detective requested bullets and bullet fragments submitted to the DPS Central Regional Crime Lab to be analyzed and compared. The DPS CRCL determined the bullets and bullet fragments from all four cases came from the same source. (9)
"Ballistics doesnt lie" said "bus driver Robert McDonald, whose bus was hit by one of the bullets." (2)
"On September 3, 2015, at approximately 1358 hours, DPS CRCL personnel identified the bullets and fragments were fired from a weapon with a specific lot of serial numbers. (9)
Question: Was the serial number of Leslie Merritt's gun on the list of serial numbers?
"DPS detectives reviewed a list of Pawn Shops that purchased or loaned money for any firearms matching the make and caliber that were identified by the DPS CRCL. DPS detectives collected the firearms that matched the search. (9)
"Investigative research conducted on the identified Leslie Merritt Jr., date of birth 06/20/1994, as the individual who pawned one of the firearms collected. (9)
"The DPS CRCL test fired the firearm pawned by Merritt. The test-fired bullets were matches to the bullets and bullet fragments from the four cases listed above. (9)
"DPS officials said they had ballistic evidence tying him to four shooting incidents on Interstate 10 which happened between August 27 and 29." (11)
"The test fired bullets were matched to bullet fragments from 4 cases, 4 casings over the last weekend in August," said [Arizona Department of Public Safety spokesman] Bart Graves. (12)
The ballistics were a match and that was enough for an arrest. But it might not be enough for a conviction. (13)
"You still have to put him at the scene and prove he was the one that actually used the weapon," said Garrett. (13)
"A judge had set Merritt's bond at $1 million immediately after his arrest in September. It had been decreased to $150,000 in November." (14)
Merritt nonetheless did not make bail and spent over 6 months in jail. Later the bond was reduced to 0 and Merritt was released from jail with an ankle monitor. The charges were not yet dismissed at that time.
"Merritt maintains his innocence, and his lawyers say phone records and accounts from family members will show that he wasn't near the scene of the shootings." (15)
"Investigative research on Merritts social media pages identified several references to the I-10 shooter case. (9)
Is anyone who takes interest in a crime and posts on social media to be considered a suspect?
"Authorities say Merritt showed an extreme interest in the shootings and made a Facebook post about the arrest of three teenagers who hurled rocks at cars with slingshots in a copycat case but weren't tied to the shootings. Merritt explained that he was just following the investigation through the media." (15)
"As the case weaved through the courts, Merritt languished in jail, unable to come up with the money for his $1 million bond or expensive attorneys. He pleaded not guilty to numerous charges, including drive-by shootings and aggravated assault." (2)
"Thats when two high-profile lawyers say they saw holes in the case and stepped in to represent Merritt." (2)
"His lawyers immediately began raising questions about the evidence, citing ballistics information and phone records they say provided an alibi for their client." (3)
"As prosecutors prepared for trial, they had their own forensics expert retest the bullets against Merritts gun. The results were damning but not in the way authorities hoped. The expert found the DPS crime lab came to a faulty conclusion, noting the bullets 'could neither be excluded or identified' as having come from Merritts gun." (2)
"Merritt's attorneys said a ballistic expert found police ballistics reports were "insufficient were insufficient to constitute an identification," according to KPNX." (10)
Recently, the County Attorneys Office called in secondary ballistics professionals to confirm whether Merritt's gun was in fact connected to the shootings, like DPS said in September 2015 (16)
Those additional ballistics tests revealed the original bullet fragments could not be confirmed to be from Merritt's gun. (16)
"Prosecutors also enlisted the FBI to use Merritts cellphone to track his movements on the days of the shootings. Defense lawyers say that was strike three, indicating he was nowhere near the crime scenes." (2)
"The case went back to court, and based on the new evidence, the judge reduced Merritts bond to zero, allowing for his release pending trial. Soon, prosecutors themselves sought a dismissal of charges without prejudice, meaning they can arrest Merritt again." (2)
"They have declined to provide explanations about the contradictory evidence and say the investigation is ongoing and that Merritt isnt off the hook." (2)
There was a public thirst for blood, [defense attorney Jason] Lamm said, a public thirst for accountability, and that thirst was quenched by the arrest of Leslie Merritt Jr. (2)
"A man charged in freeway shootings that rattled Phoenix last year was released from jail Tuesday amid questions about the evidence that authorities say links him to the crimes." (3)
"The release of Leslie Merritt Jr. came after a judge reduced his bond to zero and said he can return to his home under electronic monitoring." (3)
"The state's own expert now says that the identification match that DPS made does not exist," said attorney Jason Lamm. (12)
So many are asking how did it happen. (12)
"It's not always a foolproof thing, ballistics are not a foolproof thing at all," said Anthony Enriquez. (12)
Although forensic tests can successfully link a bullet to a specific gun, firearms experts say the quality of the evidence can affect the outcome of the tests. (12)
But more than likely he says the evidence DPS has looks misshapen and fragmented. (12)
When a bullet hits an object the evidence then becomes disfigured, and that affects the lab results Enriques says. Having a second set of investigate eyes on the evidence helped Merritt in this case because it appears a secondary ballistic analysis did not come to the same conclusion as DPS. (12)
"So it's not always a for sure thing, everything depends on the type of ammunition, the type of gun, and the type of object that it was shot into," said Enriquez. (12)
"You have a video of me shooting my gun out of my car?" asked Merritt. (23)
"Absolutely," Baroldy replied. (23)
Video evidence was never turned over to Merritt's defense team, and the Arizona Department of Transportation has repeatedly said it does not record freeway cameras. (23)
The detectives also claimed that the mother of Merritt Jr.'s children implicated him, which was also false. (23)
"Why would your own wife even go and tell us, 'I think he did it'?" asked Falcone. "Why would she even tell us that?" (23)
"I doubt she said that," Merritt replied. (23)
DPS Director Frank Milstead said in a late-April news conference that he still believes that Merritt is their suspect. (24)
Detectives also lied to Merritt's fiancée:
The video includes the DPS tactics, including detectives lying to Merritts fiancée to see what information they can obtain from her. (17)
ABC15 is not showing Merritts fiancée because she has never been charged in the freeway shootings. (17)
Keep in mind, as you watch the video, what the detectives are doing is not illegal. They are lying to her, attempting for her to crack. (17)
Several times, DPS says they have video of the freeway shootings incidents. Merritts fiancée asks the detectives to show her the photos or video of the incidents but they never show her. (17)
The Arizona DPS Director has told the public that there was video used to identify the shooter. The lies told in an investigation can take on a life of their own:
DPS Director Frank Milstead has even said publicly they looked at Arizona Department of Transportation video to identify the shooter. However, ADOT does not record video on Valley freeways. (17)
Merritt and his other family members have not been charged with domestic terrorism. As for Leslie Merritt, all charges have been dismissed, he is back at work and is suing several agencies involved in his arrest. (17)
Leslie Merritt Jr has appeared on the Dr Phil show:
Once Accused Arizona Freeway Sniper Describes His 222 Days Behind Bars: It Was Mental Torture (18)
Additionally, Merritt says the gun wasnt even in his possession for the fourth shooting, as, he says, it was at a local pawn shop. (18)
Anywhere I go, I dont know if Im going to get good or negative comments from people. I get harassing messages. I get people telling me that Im worse than a terrorist and I should rot in jail. But I also get, Were so glad youre home. (19)
Attorneys for Leslie Merritt Jr. filed paperwork in court arguing that investigators have no valid need for the gun nor Merritt's car. Both were seized as evidence months ago. (20)
The Dr Phil site has more on Leslie Merritt Jr's interview on the show.
(21)
All charges against Leslie Merritt Jr have been dismissed and he plans to file a 10 million dollar civil suit.
(22)
REFERENCES
(1)
http://www.abc15.com/news/region-ph...eaks-news-of-arrest-to-leslie-merritt-jrs-dad
Phoenix freeway shootings: ABC15 breaks news of arrest to Leslie Merritt Jr.'s dad
Nohelani Graf
Posted 11:07 PM, Sep 18, 2015
Updated 7:02 AM, Sep 19, 2015
(2)
http://tucson.com/news/local/new-te...cle_09d4a8e6-0971-587a-a2f4-9e31d6e1cc58.html
New tests undo Phoenix freeway shooting case
By Brian Skoloff and Terry Tang The Associated Press May 1, 2016
(3)
http://www.cbsnews.com/news/arizona-freeway-shooting-suspect-released-from-jail/
Arizona freeway shooting suspect released from jail
CBS/AP April 19, 2016, 11:17 PM
(4)
http://www.nytimes.com/2004/06/05/us/spain-and-us-at-odds-on-mistaken-terror-arrest.html
Spain and U.S. at Odds on Mistaken Terror Arrest
This article was reported by SARAH KERSHAW, ERIC LICHTBLAU, DALE
FUCHS, LOWELL BERGMAN, and WAS WRITTEN BY MS. KERSHAW.
JUNE 5, 2004
Amid all of the turmoil was the frightening experience of a bewildered lawyer from Portland, who grew more and more panicked that his fate was being sealed and there was nothing he could do about it. ''That's not my fingerprint, your honor,'' a baffled Mr. Mayfield said at one point to the judge during a hearing after his arrest, pleading not to be taken to jail. ''I have never seen this bag. I have no awareness about that bag.''
(5)
http://www.cbsnews.com/news/phoenix-freeway-shooting-suspect-im-the-wrong-guy/
September 19, 2015, 7:36 PM
Phoenix freeway shooting suspect in court: "I'm the wrong guy."
From video
Reporter Carter Evans:
Tim Franklin is a criminology professor at Arizona State University. Were you surprised that he spoke in court?
Tim Franklin:
Yes. Stunned. And he did so against the advice of the judge.
Reporter Carter Evans:
What's that tell you?
Tim Franklin:
Arrogance.
(6)
http://articles.latimes.com/2006/jan/07/nation/na-mayfield7
Report Says Mistaken Arrest Was Due to FBI's Sloppy Work
January 07, 2006|Tomas Alex Tizon | Times Staff Writer
SEATTLE The FBI was sloppy and
arrogant in its investigation of Oregon lawyer Brandon Mayfield, but the agency did not misuse the Patriot Act or break any laws, according to a government report released Friday.
(7)
http://www.kjrh.com/news/ducey-freeway-shooting-suspect-in-custody
Suspect arrested in Phoenix freeway shootings
abc15.com staff, wire reports
Posted 9:08 PM, Sep 18, 2015
Updated 12:10 PM, Sep 19, 2015
(8)
http://www.abc15.com/news/region-ph...oenix-freeway-shootings-questions-and-answers
Phoenix freeway shootings: Questions and answers
Associated Press
Posted 3:01 PM, Sep 21, 2015
Updated 8:56 PM, Sep 21, 2015
(9)
http://raycomgroup.worldnow.com/sto...ok-into-initial-freeway-shootings?config=H264
New court document offers 1st look into initial freeway shootings
Published Sunday, September 20th 2015, 10:02 am MDT
Updated Sunday, September 20th 2015, 11:07 am MDT
By Phil Benson
(10)
http://www.nbcnews.com/news/us-news...ariz-dps-chief-says-leslie-merritt-jr-n565426
After Charges Dropped, Ariz. DPS Chief Says Leslie Merritt Jr. Still
I-10 Shootings Suspect
NEWS APR 30 2016, 10:05 PM ET
(11)
http://www.kgun9.com/news/leslie-merritt-jr-update-all-charges-dismissed-in-freeway-shootings-case
Leslie Merritt Jr. update: All charges dismissed in freeway shootings case
by abc15.com staff
posted 10:09 AM, Apr 25, 2016
updated 5:25 PM, Apr 25, 2016
(12)
http://www.fox10phoenix.com/news/arizona-news/127621183-story
Ballistics expert weighs in on I-10 suspect release
By: Nicole Garcia
POSTED:APR 20 2016 03:27PM MST
UPDATED:APR 20 2016 05:32PM MST
(13)
http://www.abc15.com/news/region-ph...oenix-freeway-shooter-leslie-allen-merritt-jr
Ballistic evidence enough to convict suspected Phoenix freeway shooter
Leslie Allen Merritt, Jr.?
Navideh Forghani
Posted 9:04 PM, Sep 21, 2015
Updated 9:35 PM, Sep 22, 2015
(14)
http://www.dailymail.co.uk/news/art...release-Arizona-freeway-shooting-suspect.html
Arizona highway shootings suspect released from custody after seven months as expert witness says ballistic evidence doesn't match
Police arrested Leslie Merritt Jr in September in connection with a series of shootings that hit 11 vehicles in Phoenix
Merritt had adamantly denied the shootings at the time, telling a
judge: 'I'm the wrong guy'
A judge reduced Merritt's bond to zero Tuesday, allowing him to go home
Merritt is under electronic monitoring and is due in court next month
By ASSOCIATED PRESS and CLEMENCE MICHALLON FOR DAILYMAIL.COM
PUBLISHED: 20:36 EST, 19 April 2016 | UPDATED: 00:42 EST, 20 April 2016
(15)
http://www.abc15.com/news/region-ph...-merritt-jr-gives-conflicting-accounts-on-gun
Freeway shooting suspect Leslie Merritt Jr. gives conflicting accounts on gun
Associated Press
Posted 4:02 PM, Jan 12, 2016
Updated 4:03 PM, Jan 12, 2016
(16)
http://www.abc15.com/news/region-ph...ency-hearing-called-in-freeway-shootings-case
Freeway shootings update: Accused freeway shooter Leslie Merritt Jr.
released from jail
abc15.com staff
Posted 10:06 AM, Apr 19, 2016
Updated 6:28 AM, Apr 20, 2016
(17)
http://www.abc15.com/news/region-ph...leslie-merritts-fiance-in-interrogation-video
DPS lies to Leslie Merritt's fiancee in interrogation video
Christopher Sign, Katie Conner
9:54 PM, May 23, 2016
10:51 AM, May r, 2016
(18)
http://www.huffingtonpost.com/entry...na-freeway-sniper_us_574724bbe4b055bb11717239
Why Leslie Merritt Jr. Says Its Impossible He Was The Arizona Freeway Sniper
05/26/2016 03:08 pm ET
(19)
http://www.drphil.com/videos/how-ha...ased-as-the-suspected-arizona-freeway-sniper/
How Has Life Changed For Leslie Merritt Jr. After Being Arrested, Released As The Suspected Arizona Freeway Sniper?
May 26, 2016
(20)
http://www.abc15.com/news/region-ph...y-does-dps-still-have-leslie-merritts-gun-car
Freeway shootings update: Why does DPS still have Leslie Merritt's gun, car?
Melissa Blasius
9:54 PM, May 26, 2016
10:18 PM, May 26, 2016
(21)
http://www.drphil.com/shows/exclusive-accused-freeway-sniper-speaks-out/
Exclusive: Accused Freeway Sniper Speaks Out
May 26, 2016
(22)
http://www.abc15.com/news/region-ph...l-charges-dismissed-in-freeway-shootings-case
Leslie Merritt Jr. update: All charges dismissed in freeway shootings case
abc15.com staff
10:09 AM, Apr 25, 2016
9:01 PM, Apr 25, 2016
(23)
http://www.tucsonnewsnow.com/story/32067408/interrogation-video-released-of-accused-i-10-shooter
Interrogation video shows detectives pressed I-10 shooting suspect for a confession
Wednesday, May 25th 2016, 7:00 pm MDT
Thursday, May 26th 2016, 9:26 pm MDT
By David Baker
(24)
http://www.abc15.com/news/region-ph...y-shooting-suspect-leslie-merritt-jr-released
DPS Director Frank Milstead said in a late-April news conference that he still believes that Merritt is their suspect.