AZ - Eleven incidents, 1 injured in Phoenix freeway shootings, Aug-Sept 2015 *arrest*

Here is a spelling correction. The quotes in the previous post refer to Lucien Haig. The quotes were transcribed from an audio recording. The correct spelling is "renowned local [to Arizona] firearms expert Lucien Haag". [1]

Lucien Haag is also referred to in stories in April [2] and May [3].

Here is an update on Leslie Merritt Jr's gun. Authorities are keeping the gun for now. [1]

"Instead, DPS applied for and secured a search warrant from Granville, allowing them to hold on to the weapon."

Lucien Haag found that the bullets could not be identified as having been fired from the gun.

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The affidavit for the warrant, signed by DPS detective Trevor Graff, states that in addition to its initial ballistics testing linking the gun to four bullets in the supposed crime spree — testing later debunked by renowned local firearms expert Lucien Haag — DPS sought the opinion of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives on its ballistics work. [1]

The ATF's report, dated four days after all charges against Merritt were dismissed on April 25, backed up Haag's analysis. Haag, whom the Maricopa County Attorney's Office brought in to double-check the work of the DPS crime lab, wrote that DPS's testing had been inconclusive and "insufficient." The four evidence bullets provided by DPS, he declared, "could neither be excluded or identified as having been fired" by Merritt's gun. [1]
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There is more information about the disputed timeline of the shooting when the gun was in the pawnshop.

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But that revision failed on close examination, leaving DPS with a gaping hole in its narrative that remains unexplained. DPS insists that all four bullets came from Merritt's gun, though according to the time stamp from Phoenix's Mo Money Pawn shop, Merritt sold the gun at 5:31 p.m. on August 30, about four hours before the time of the final shooting, which is estimated to have occurred between 9:45 p.m. and 10:15 p.m. that same day. [1]
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Another story also has more information on the disputed timeline, involving a car that had a bullet in a tire.

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Another challenge with the case against Merritt: DPS documents released last month showed how Merritt's gun was under lock and key at a pawn shop by the evening of Aug. 30, when one of the victims first noticed a faulty tire. A bullet later was found inside of it.

DPS officials said the shooting had gone unnoticed for a while because it was a "run-flat" tire, explaining that its durability would make it possible for the shooting to have occurred days earlier. They adjusted their timeline accordingly, saying that what was believed to be the last shooting, on Aug. 30, actually was the first, occurring on Aug. 27.

However, the victim said he was sure he had no issues with his tire when he parked it at Phoenix Sky Harbor International Airport on Aug. 27. And a service technician said the car's pressure warning would have activated “within a mile” of where the puncture occurred. [2]
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[1]
http://www.phoenixnewtimes.com/news...ll-trying-to-tie-suspects-gun-to-case-8477489

I-10 Shooter Investigators Still Trying to Tie Suspect's Gun to Case
TUESDAY, JULY 26, 2016 AT 1:27 P.M. BY STEPHEN LEMONS

[2]
http://www.azcentral.com/story/news...x-freeway-shooter-charges-dismissed/83415724/

State moves to drop charges against Phoenix freeway shooting suspect
Kathy Tulumello and Robert Anglen, The Republic | azcentral.com 7:39 a.m. MST April 23, 2016

[3]
http://www.azcentral.com/story/news...cs-report-phoenix-freeway-shootings/84281444/

A look inside the reports that unraveled the Phoenix freeway-shooting case
Megan Cassidy, The Republic | azcentral.com 7:26 a.m. MST May 13, 2016
 
September 14, 2016

Authorities sued over arrest in Phoenix's freeway shootings

An Arizona man once charged in four of metro Phoenix's freeway shootings last summer has filed a lawsuit saying that authorities falsely accused him in the attacks when they knew the evidence tying him to the crime wasn't solid.

Leslie Merritt Jr. filed a lawsuit Tuesday that accuses crime lab workers of assuring detectives that they were 100 percent certain that Merritt's handgun was used in the four shootings.

http://www.foxnews.com/us/2016/09/14/authorities-sued-over-arrest-in-phoenix-freeway-shootings.html
 
More stories on the filing of Merritt's lawsuit.
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http://www.nbcnews.com/news/us-news/authorities-sued-over-arrest-phoenix-s-freeway-shootings-n648606

Authorities Sued Over Arrest in Phoenix's Freeway Shootings
by The Associated Press
SEP 14 2016, 9:21 PM ET
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http://www.12news.com/news/local/va...tate-of-arizona-and-maricopa-county/318776302

Leslie Merritt Jr. files suit against state of Arizona and Maricopa County
Botched case could cost the state millions of dollars.
12 News , KPNX 7:29 PM. MST September 14, 2016
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This story has more on the timeline of the BMW that was found to have a tire flattened by a bullet after Merritt's gun was in the pawn shop.
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http://www.azcentral.com/story/news...rritt-jr-sues-state-maricopa-county/90350594/

Former freeway shooting suspect Leslie Merritt Jr. sues state, Maricopa County
Megan Cassidy, The Republic | azcentral.com 8:09 p.m. MST September 14, 2016

...
The suit alleges that Merritt's arrest was the result of slapdash police work and a rush to judgment in the face of public pressure.
...
The lawsuit walks through a timeline of the case, highlighting missteps.

Shortly after the shootings began, investigators tapped the state crime lab to try and identify the type of gun that had fired bullets from four of the crime scenes.

Days later, they had their answer. It was a Hi-Point, 9mm C9 handgun, the crime lab reported — a model with about 286,000 firearms in circulation.

It was a rookie detective who suggested using a pawn shop database to see if there had been any recent sales of this model.

“If you want to buy a lottery ticket … go ahead,” his sergeant responded, according to the lawsuit.

The detective tried his luck. On Sept. 17, 2015, he trekked to various local shops, including Mo Money Pawn in Phoenix. It was here that he collected a Hi-Point, 9mm C9 that had been sold by Merritt on Aug. 30, 2015.

At the time, it seemed the detective had hit the investigative jackpot. Criminalists who analyzed the four crime-scene bullets said with “100 percent certainty” they were all fired from Merritt’s gun, according to the lawsuit.

Detectives soon learned there was a snag in this theory. According to pawn-shop records, Merritt had sold his gun at 5:31 p.m. Aug. 30. The final shooting occurred four hours later.

“In other words, DPS recognized that only one of two scenarios could be true,” the lawsuit states. Either "a) the crime lab had botched its identification or b) Incident D did not occur when Merritt’s gun was at the pawn shop.”

DPS officials chose the latter and adjusted their timeline. They alleged that the shots had actually been fired days earlier but had gone unnoticed because of the vehicle’s durable tires.

Merritt was arrested on Sept. 18, 2015, and remained jailed until April 19.

The suit contends the DPS crime lab used "flawed methodology" and that DPS officials knew Merritt's gun couldn't have been involved in one of the shootings but tweaked the timeline to fit their theory.

Merritt’s attorneys allege prosecutors intentionally misled the grand jury by asserting that the shots had been fired days beforehand.

Earlier this year, an independent ballistics expert hired by prosecutors said his results could not tie Merritt's gun to the bullets, nor could the evidence exclude it.
...
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The driver of the BMW insists that the tire was flattened immediately after being hit by a bullet.
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http://www.abc15.com/news/region-ph...jr-files-suit-against-arizona-maricopa-county

Freeway shootings update: Leslie Merritt Jr. files suit against Arizona, Maricopa County
abc15.com staff
6:24 AM, Sep 14, 2016
4:59 PM, Sep 14, 2016
central phoenix | phoenix metro | freewayshootings
Lawsuit filed in Leslie Merrit case
KNXV

...
The lawsuit claims all detectives in the DPS General Investigations Unit were assigned to the case.

On September 5, 2015, DPS officer Travis Graff started as a new detective in the General Investigations Unit. He was immediately assigned to the freeway shootings case.

According to court paperwork, Graff did not have any training with investigating weapon-related offenses, gun identification or ballistics.

Graff reportedly asked if he could use a pawn database to see if any Hi-Point 9 mm firearms (guns allegedly used in shootings) were in the pawn shops.

Court paperwork indicates Graff traveled to various pawn shops to collect Hi-Point 9mm Model C9 firearms. In all, DPS collected eight firearms, but tested Merritt’s gun first.

According to the documents, the DPS crime lab used flawed methodology to analyze the bullets and fragments; the bullets and fragments submitted to the crime lab contained insufficient data for a firearm examiner to make a positive individualized match.

Despite the methodology, the crime lab told detectives the bullets from all shootings were a “100% match” to Merritt’s gun and the four shootings.

DID DPS KNOW?

The lawsuit continues to claim that DPS knew or should have known the crime lab had botched the identification.

The lawsuit indicates DPS recognized that Merritt’s gun was at a pawn shop on August 30, 2015 at 5:31 p.m. before the time of the shooting where a car tire was shot.

According to court paperwork, it would have been physically impossible for Merritt’s gun to be used in one of the shootings when it was in the pawn shop.

DPS CHANGES STORY TO FIT THEORY

The lawsuit claims DPS invented a theory that the tire involved in the shooting must have been shot on a different day.

It was initially reported to have occurred on the evening of August 30th, but officials have since change their timelines with an incident on the 27th.

To bolster the theory, DPS conducted another interview with the driver of the BMW and suggested he was wrong.

The driver said he was still correct.

According to court paperwork, DPS recognized that only one of two scenarios could be true: the crime lab botched the investigation, or the shooting did not occur when Merritt’s gun was at the pawn shop.
...
RELATED: Judge denies Leslie Allen Merritt Jr.'s request to get gun back
...
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http://www.abc15.com/news/region-phoenix-metro/central-phoenix/leslie-merritt-jr-update-will-dps-give-up-one-time-freeway-shootings-suspects-gun

RELATED: Judge denies Leslie Allen Merritt Jr.'s request to get gun back
Judge denies Leslie Allen Merritt Jr.'s request to get gun back
abc15.com staff, wire reports
7:00 AM, Aug 25, 2016
7:10 PM, Aug 25, 2016
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Arizona DPS has reinterviewed witnesses in the case after the lawsuit was filed.
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http://www.12news.com/news/local/va...taliating-against-leslie-merritt-jr/319592606

Lawyer: DPS is retaliating against Leslie Merritt Jr.
DPS harassing former I-10 shooting suspect?
William Pitts, KPNX 10:14 PM. MST September 16, 2016
PHOENIX - Attorneys for Leslie Merritt, Jr. said Friday they believe law enforcement is retaliating against their client for filing a lawsuit this week against the Department of Public Safety.
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Motion to dismiss Leslie Merritt's civil suit denied.
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Freeway shootings update: Judge denies DPS motion to dismiss Leslie Merritt Jr.'s civil case
abc15.com staff
POSTED 5:49 AM, Jan 6, 2017
UPDATED 12:51 PM, Jan 6, 2017
PHOENIX - A judge has denied a motion to dismiss the civil case against DPS filed by former freeway shootings suspect Leslie Merritt Jr.

http://www.abc15.com/news/region-ph...tion-to-dismiss-leslie-merritt-jrs-civil-case

In September 2016, Merritt's lawyers filed a suit in civil court for malicious prosecution. The lawsuit named the State of Arizona, Maricopa County and County Attorney Bill Montgomery as defendants.
...
Lawyers for the 22-year-old landscaper filed a notice of claim, claiming Arizona authorities rushed to judgment and failed to provide evidence that he was present at any of the shootings.

The lawsuit alleges false arrest, false imprisonment, malicious prosecution, negligence, intentional infliction of emotional distress and aiding and abetting tortious conduct.
...

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Also, there were two independent examinations that found no match on the bullets to Merritt's gun.
The newly reported results were done by John E. Murdock & Associates Forensic Consultants in California.
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A second state’s expert claims no ballistic match in freeway shootings
Posted: Nov 15, 2016 6:33 PM MST
Updated: Nov 16, 2016 4:07 PM MST
By Donna Rossi

http://www.cbs5az.com/story/3371942...laims-no-ballistic-match-in-freeway-shootings

A never-before-released report shows there was not one but two independent firearms experts that examined the ballistic evidence from the I-10 freeway shooting investigation and came to the same conclusion: the Department of Public Safety crime lab got it wrong.

A “Report of Examination” by John E. Murdock & Associates Forensic Consultants, based in California, was attached to a motion filed by attorneys for Leslie Merritt Jr., the one-time freeway shooting suspect.
...
Now, it has come to light that a second independent forensic expert, also reporting to prosecutors, examined the evidence bullets and did various comparison tests to the re-test bullet firing by Haag and concluded that there was nothing that suggested that the bullets recovered by investigators were fired by Merritt’s gun.
...
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Motion to dismiss Leslie Merritt's civil suit denied.
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Freeway shootings update: Judge denies DPS motion to dismiss Leslie Merritt Jr.'s civil case
abc15.com staff
POSTED 5:49 AM, Jan 6, 2017
UPDATED 12:51 PM, Jan 6, 2017
PHOENIX - A judge has denied a motion to dismiss the civil case against DPS filed by former freeway shootings suspect Leslie Merritt Jr.

Judge denies DPS motion to dismiss Leslie Merritt Jr.'s civil case

In September 2016, Merritt's lawyers filed a suit in civil court for malicious prosecution. The lawsuit named the State of Arizona, Maricopa County and County Attorney Bill Montgomery as defendants.
...
Lawyers for the 22-year-old landscaper filed a notice of claim, claiming Arizona authorities rushed to judgment and failed to provide evidence that he was present at any of the shootings.

The lawsuit alleges false arrest, false imprisonment, malicious prosecution, negligence, intentional infliction of emotional distress and aiding and abetting tortious conduct.
...

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Also, there were two independent examinations that found no match on the bullets to Merritt's gun.
The newly reported results were done by John E. Murdock & Associates Forensic Consultants in California.
----------------------------------------------------------------
A second state’s expert claims no ballistic match in freeway shootings
Posted: Nov 15, 2016 6:33 PM MST
Updated: Nov 16, 2016 4:07 PM MST
By Donna Rossi

http://www.cbs5az.com/story/3371942...laims-no-ballistic-match-in-freeway-shootings

A never-before-released report shows there was not one but two independent firearms experts that examined the ballistic evidence from the I-10 freeway shooting investigation and came to the same conclusion: the Department of Public Safety crime lab got it wrong.

A “Report of Examination” by John E. Murdock & Associates Forensic Consultants, based in California, was attached to a motion filed by attorneys for Leslie Merritt Jr., the one-time freeway shooting suspect.
...
Now, it has come to light that a second independent forensic expert, also reporting to prosecutors, examined the evidence bullets and did various comparison tests to the re-test bullet firing by Haag and concluded that there was nothing that suggested that the bullets recovered by investigators were fired by Merritt’s gun.
...
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Motion to dismiss Leslie Merritt's civil suit denied.
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Freeway shootings update: Judge denies DPS motion to dismiss Leslie Merritt Jr.'s civil case
abc15.com staff
POSTED 5:49 AM, Jan 6, 2017
UPDATED 12:51 PM, Jan 6, 2017
PHOENIX - A judge has denied a motion to dismiss the civil case against DPS filed by former freeway shootings suspect Leslie Merritt Jr.

Judge denies DPS motion to dismiss Leslie Merritt Jr.'s civil case

In September 2016, Merritt's lawyers filed a suit in civil court for malicious prosecution. The lawsuit named the State of Arizona, Maricopa County and County Attorney Bill Montgomery as defendants.
...
Lawyers for the 22-year-old landscaper filed a notice of claim, claiming Arizona authorities rushed to judgment and failed to provide evidence that he was present at any of the shootings.

The lawsuit alleges false arrest, false imprisonment, malicious prosecution, negligence, intentional infliction of emotional distress and aiding and abetting tortious conduct.
...

----------------------------------------------------------------


Also, there were two independent examinations that found no match on the bullets to Merritt's gun.
The newly reported results were done by John E. Murdock & Associates Forensic Consultants in California.
----------------------------------------------------------------
A second state’s expert claims no ballistic match in freeway shootings
Posted: Nov 15, 2016 6:33 PM MST
Updated: Nov 16, 2016 4:07 PM MST
By Donna Rossi

http://www.cbs5az.com/story/3371942...laims-no-ballistic-match-in-freeway-shootings

A never-before-released report shows there was not one but two independent firearms experts that examined the ballistic evidence from the I-10 freeway shooting investigation and came to the same conclusion: the Department of Public Safety crime lab got it wrong.

A “Report of Examination” by John E. Murdock & Associates Forensic Consultants, based in California, was attached to a motion filed by attorneys for Leslie Merritt Jr., the one-time freeway shooting suspect.
...
Now, it has come to light that a second independent forensic expert, also reporting to prosecutors, examined the evidence bullets and did various comparison tests to the re-test bullet firing by Haag and concluded that there was nothing that suggested that the bullets recovered by investigators were fired by Merritt’s gun.
...
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https://www.usnews.com/news/best-st...ngs-suspect-barred-at-freeway-shootings-trial

Lawyers for a landscaper once accused in metro Phoenix’s 2015 freeway shootings are barred from telling jurors at their client’s upcoming false-arrest trial that it's highly likely a car belonging to a man later charged in nine killings had been near two of the shootings.

Attorneys for Leslie Merritt Jr., whose charges in the freeway shooting case were dismissed, had said license plate readers picked up a plate matching six of the seven characters from killing suspect Aaron Juan Saucedo’s BMW near two of the shootings on Interstate 10 on Aug. 29, 2015.

Merritt's lawyers theorized Saucedo could have carried out two freeway shootings during the 16 minutes between when he bought 50 rounds of ammunition at a pawn shop and the back-to-back interstate shootings. They argued authorities should have examined Saucedo further.

U.S. District Judge David Campbell wrote in an Aug. 21 ruling that it could be marginally relevant that the Arizona Department of Public Safety failed to investigate another suspect, but the Saucedo theory “would devolve into a minitrial (or a major trial) on the investigation of Saucedo, and that any probative value of the Saucedo evidence would be substantially outweighed by the danger of wasting time and confusing the jury.”

The claim about the license plate data came nearly three years after it was revealed that officers investigating the freeway shootings had seized the gun that police have said Saucedo used to carry out his first killing. Investigators test-fired Saucedo’s gun, but they never conducted ballistics tests comparing it to evidence in the freeway shooting investigation.

A total of 11 shootings hit Phoenix-area freeways in late August and early September 2015. No one was seriously injured when bullets struck eight cars. Three other vehicles were struck with projectiles such as BBs or pellets.
 
https://www.usnews.com/news/best-st...suit-by-man-once-charged-in-freeway-shootings

TRIAL IS scheduled to begin on Oct. 28 in a lawsuit that alleges a landscaper who was once charged in some of metro Phoenix’s 2015 freeway shootings was falsely arrested.

Most of Leslie Merritt Jr.’s claims against Arizona Department of Public Safety officers were dismissed late last year.

But he can still seek damages on his claims of false arrest and false imprisonment for the six-day span between his arrest and indictment.
 
Civil trial to begin over arrest in 2015 Phoenix freeway shootings

A civil trial is scheduled to begin Wednesday, Oct. 28, in a false-arrest lawsuit filed by a landscaper once charged in some of metro Phoenix’s 2015 freeway shootings.

Leslie Merritt Jr., 26, was jailed for seven months on charges in four shootings until his case was dismissed in 2016 after ballistics evidence against him came under heavy criticism. Merritt has steadfastly maintained his innocence.

Authorities say 11 shootings were carried out on metro Phoenix’s freeways in late August and early September 2015. No one was seriously injured when bullets struck eight cars. Three other vehicles were struck with projectiles such as BBs or pellets. The only injury was a 13-year-old girl cut by glass.
 
News on this case from Phoenix where an innnocent man was arrested and charged and held for 7 months, some of it in solitary confinement. He has been declared innocent in court. This rarely happens.

Police agencies involved changed the facts to fit the theory. They did not change the theory to fit the facts. They changed the day that the shooting happened, where a tire went flat, to a day the gun was NOT in the pawn shop.

If you read the previous posts on this thread, you will see that I called it. I am now two for two on calling innocent people innocent. The other case involved a retired San Diego Police Department crime lab criminalist who was suspected of involvement in a crime (the murder of Claire Hough) when his DNA turned up in a case due to contamination in the crime lab:

CA - CA - Claire Hough, 14, La Jolla, 23 August 1984

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QUOTE
"The man once charged with terrorizing the Valley during the 2015 Freeway Shootings has been formally cleared by a judge."

REFERENCE:
AZ - Eleven incidents, 1 injured in Phoenix freeway shootings, Aug-Sept 2015 *arrest*

One-time Freeway Shooter suspect formally cleared by court
Leslie Merritt Jr. was held for seven months before prosecutors conceded the case was botched. The judge's order seals all case records from public view.

Author: Brahm Resnik
Published: 2:54 PM MST August 17, 2020
Updated: 3:45 AM MST August 18, 2020
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