PHOENIX - A judge ruled Friday that the Arizona Department of Public Safety will have to give the gun of former accused freeway shooter Leslie Merritt Jr. back to its owner.
According to the court ruling Friday, DPS has until Jan. 31 to finish their examination of the weapon before having to give it back to Merritt.
Merritt had been fighting to get his gun back for several months since the charges in connection with the freeway shootings that terrorized the Valley in the summer of 2015 had been dropped.
Merritt was released from jail in April 2016.
Merritt filed a lawsuit in September against the state and Maricopa County for false arrest and malicious prosecution -- he was jailed for seven months as the suspected freeway shooter.
Authorities have fought back to hold onto the gun for evidence. The initial charges against Merritt were dropped "without prejudice," so it is possible for new charges to be filed in the future.
The court had ruled as recently as December to keep the gun in the state's possession to hold as evidence in the yet-unsolved case.
