The press release from the D.A., cited in the article, included this:
Quote
The facts available at the scene on Saturday supported the charge of felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust,"
The D.A. has discretion, too, and he used it.
Yes, they do and prosectorial discretion is used more then Joe Citizen realizes it is. It sometimes pisses Joe Citizen off that it's used, but the scale of justice swings both ways.
