Freeway Shooter... (Pima, Maricopa: how much, attorneys, salary)

[Finger Laker]

Originally Posted by tijlover

The big question that comes to mind, is, if this person is proved innocent, then why didn't the real shooter(s) (I actually believe it was a lone wolf type) continue with the terror?

I still don't think anything had been presented showing that there were potentially related incidents beyond the initial cluster.

After those happened everything became a"freeway shooting " and was brought into the same investigation and paranoia ramped up

Who knows who was popping shots or why, but it is looking more and more likely that the person who did the first burst quit right away or was just passing through

[Ponderosa]

Originally Posted by Java Jolt

I totally agree on everything you wrote.

When someone is suspected of committing a crime the prosecutors had better be darn certain they have the right person and enough evidence to convict him before they throw him in jail and ruin his life forever.

The case isn't over yet but if the man turns out to be innocent I wouldn't hesitate to prosecute the prosecutors.

Whatever happens in the end, I smell a major lawsuit brewing.

A lawsuit over what? Courts toss out cases all the time for lack of evidence, improperly obtained evidence, mishandled evidence, prosecutorial error, police misconduct. You don't get an award if your case is dismissed unless your prosecution is malicious. You get to go on with your life.

FWIW, I still think the guy did it. They just can't prove it beyond a reasonable doubt.

[JGMotorsport64]

Originally Posted by Ponderosa

A lawsuit over what? Courts toss out cases all the time for lack of evidence, improperly obtained evidence, mishandled evidence, prosecutorial error, police misconduct. You don't get an award if your case is dismissed unless your prosecution is malicious. You get to go on with your life.


FWIW, I still think the guy did it. They just can't prove it beyond a reasonable doubt.

Defamation of Character

You'd be right had the Governor not nationally announced "We got him" without Due Process.

But the suit will force some sort of discovery and from there they will learn about foul play or misconduct.

Their theory will be a convincing one:
The state had a public crisis that was receiving national attention, DPS and the Governor were under pressure to make the problem go away, as evidenced by the hefty award they were offering, they found some attenuated string of evidence that tied to something tangible and they jumped on it to quiet public fears. Now surely we can imagine there was some pressure, but do we really want our government to suspend its duties to us whenever its under pressure? Now because of this pressure, this poor man, just a landscaper, who just had a daughter, spent 7 months in prison unjustifiably thanks to this pressure. Even worse his name will be remembered in this community as a man who wreaked national terror on one of the busiest interstates in the country. What if it was you? Put yourself in this poor mans shoes as he spent 7 months in prison for no reason? Put yourself in a position of being remembered for something you didn't do? Put yourself in the position of being called out by the Governor, the highest position in the State over nothing.

I can only imagine the narrative they could create from this. Especially once they go through this criminal proceeding, and then when the Civil Suit forces discovery.

I'm almost jealous these guys are going to hit the lottery if he gets off before a trial.

There will be others, government officials are immune from various types of Tort suits however, and a citizen cannot sue a State, however he can sue State officials and agencies.

We're not at the stage where they need to prove anything beyond having enough to hold him in a prison. That was the point of this, he is still subject to the trial, he just doesn't have to spend his time in prison. He has good lawyers.

[cactusland]

This whole ordeal was always sort of weird. It sounded like that they never had enough evidence, or botched the collection of it, or never had any idea what was going on, and then 'found the guy' If he is innocent, I feel terrible for him.

[Java Jolt]

Originally Posted by Ponderosa

A lawsuit over what? Courts toss out cases all the time for lack of evidence, improperly obtained evidence, mishandled evidence, prosecutorial error, police misconduct. You don't get an award if your case is dismissed unless your prosecution is malicious. You get to go on with your life.

FWIW, I still think the guy did it. They just can't prove it beyond a reasonable doubt.

Don't you think there should be reprimands and consequences for the prosecution mishandling evidence and wrongly accusing an innocent person?

How would you feel if you were arrested and convicted of a crime you didn't commit and your life became a living nightmare as a result? Put yourself in his place and maybe you wouldn't be so uncompassionate.

I don't know if he is the perpetrator or not, no one really knows for certain at this stage except him but my point is the burden of proof is on the prosecution to have sufficient evidence, otherwise it's a mishandled prosecution and there is a price to pay for it.

Whether the man is guilty or not, this case has insufficient evidence written all over it.

[jimj]

Originally Posted by Ponderosa

A lawsuit over what? Courts toss out cases all the time for lack of evidence, improperly obtained evidence, mishandled evidence, prosecutorial error, police misconduct. You don't get an award if your case is dismissed unless your prosecution is malicious. You get to go on with your life.

FWIW, I still think the guy did it. They just can't prove it beyond a reasonable doubt.

Here's the thing, "someone" had created a situation where the locals were afraid. That can be managed by news conferences and could be allowed to die down over time.
All of a sudden it became world news and tourist, convention and other $$$$ were at risk. This could NOT be tolerated and there had to be a resolution FAST.

Que up the pressure on L.E.'s to end this NOW before any large events were compromised so when they found a person of interest instead of slogging through building a case like normal they fast tracked it and claimed a win before all their ducks were in a row. I'd also bet that a whole lot of corners were cut to keep his honor the Mayor and police chief happy not to mention the city council and chamber of commerce.
Now it looks like they're going to have to pay up...

[Ponderosa]

Originally Posted by Java Jolt

Don't you think there should be reprimands and consequences for the prosecution mishandling evidence and wrongly accusing an innocent person?

How would you feel if you were arrested and convicted of a crime you didn't commit and your life became a living nightmare as a result? Put yourself in his place and maybe you wouldn't be so uncompassionate.

I don't know if he is the perpetrator or not, no one really knows for certain at this stage except him but my point is the burden of proof is on the prosecution to have sufficient evidence, otherwise it's a mishandled prosecution and there is a price to pay for it.

Whether the man is guilty or not, this case has insufficient evidence written all over it.

Keep in mind that the alleged shooter has not been convicted, wrongly or otherwise. The system is working as the system does. The reason we have courts is because charges and prosecutors positions are opinions and not facts.

I know how it feels. A family member was arrested and charged with something they did not do. The case was thrown out by the judge before it ever got to trial. I also know from that experience that there is nothing you can do about it unless it was a "malicious prosecution". It's a high bar to prove.

[JGMotorsport64]

Freeway shooting update: State moves to dismiss all charges against Leslie Merrit Junior - ABC15 Arizona

[SageCats]

I always thought this guy appeared to be innocent from the beginning. I don't know what to think. Either he's won the lottery BIG TIME (including the possible $10M from the state if his lawsuit is successful) with the police / prosecutors really effing this one up, or he truly is innocent.

[Zippyman]

Originally Posted by Ponderosa

Keep in mind that the alleged shooter has not been convicted, wrongly or otherwise. The system is working as the system does. The reason we have courts is because charges and prosecutors positions are opinions and not facts.

I know how it feels. A family member was arrested and charged with something they did not do. The case was thrown out by the judge before it ever got to trial. I also know from that experience that there is nothing you can do about it unless it was a "malicious prosecution". It's a high bar to prove.

The last few times I've had jury duty, I honestly had to wonder what planet the other jurors came from- I haven't ever seen that many boot-lickers in one room before. I'm quite convinced a prosecutor could both indict & convict a ham sandwich here & get a "special circumstances" add-on as well - if cheese was involved.

I disagree about the system "working" properly though - a prosecutor isn't supposed to charge cases with no (or bad) evidence & judges need to review cases with a skeptical eye - investigators & cops do lie & a fairly substantial amount of "scientific" evidence that gets admitted is (frankly) horse-****. Gag orders shouldn't be allowed except in the most extreme cases, as the only thing going for many defendants is a skeptical press (which can't work effectively if they aren't allowed to call attention to prosecutors gone wild).