Pinal County judge Jason Holmberg today granted Darnell Edward Lemons II a do-over on his felony indictment.

While the details weren’t discussed in open court, there was an issue with the original indictment. Prosecutors now have two weeks to refile charges and get the case back in front of a grand jury.

Lemons, 40, is accused of firing nine rounds through his own windshield during an April road-rage encounter on State Route 347. Authorities say he shot at a Ford F-150 he claimed brake-checked him. No one was injured, but the truck was struck twice. Troopers later arrested Lemons near his Sky Lane home in the Maricopa Meadows after the pickup’s driver pursued him. Investigators recovered 10 shell casings from inside Lemons’s Lexus ES, and Lemons told officers the Glock 43X used in the shooting was his.

He has been free on a $35,000 surety bond since May.

Monday’s hearing marks the latest turn in a case that first slowed when a possible plea deal surfaced, then again as the defense waited for key evidence. In September, Lemons’s attorney filed a motion to dismiss the case or send it back to a grand jury, arguing prosecutors failed to properly establish probable cause. A judge delayed setting a trial date while reviewing that request.

At Monday’s hearing, the court noted that prosecutor Steven Walker did not oppose the defense’s newest motion. “I believe the assigned prosecutor filed a response to your motion… and I guess he said he agrees,” the judge said. Defense counsel confirmed, telling the court, “That’s what he said. He indicated he’s probably taking it next week.”

The judge granted the motion under Rule 12.9 of the Arizona Rules of Criminal Procedure, which allows defendants to challenge the original probable cause finding. The ruling gives the state 15 days from today — until Dec. 23 — to either refile charges or present the case to a new grand jury for reconsideration.

When asked how the parties wanted to proceed, Lemons’s attorney requested a later check-in. “I was gonna ask for a status in the end of January… There is a probable cause finding I’d like to get,” he said.

The judge scheduled a status conference for Jan. 26 at 1:30 p.m. and noted that Lemons waived time for the delay. If prosecutors do not re-indict the case within the 15-day window, the judge said, the defense “can file the appropriate motion,” likely seeking dismissal.

The case continues to carry the weight of Lemons’s legal history. A decade ago, he was convicted of a non-violent weapons felony after prosecutors dropped more serious gang-related and first-degree murder charges. He served prison time and, weeks before the SR 347 shooting, petitioned to have his gun and civil rights restored. Court records show no ruling was ever issued on that request.

In February, the Arizona Barbering and Cosmetology Board fined him $250 and placed him on a year of probation for undisclosed legal reasons. Lemons, who works at Prime Kicks and Cuts in Chandler, appeared before the board again last month where officials recommended that he take part in an informal meeting to work out possible disciplinary terms.