They also claim Merritt has an alibi for the dates and times of the shootings with which he is charged, based on phone records.
His attorney's paperwork reads: "The defense has located and interviewed numerous witnesses which establish that the Defendant was not in remote proximity to the site of the shootings with which he is charged,"
Merritt's attorneys state: "This constitutes not only a change in circumstance, but a significant change in the weight of evidence against the Defendant, and warrants his being released from custody."
The attorney's documents also read: “The wrong guy should not remain behind bars for crimes he did not commit.”
Merritt was arrested at a Wal-Mart in Glendale. His arrest brought relief to some after Gov. Doug Ducey announced it on Twitter. His tweet saying, "We got him!" drew criticism for seemingly implying that Merritt was guilty.