"Wilson: Um, they had been walking in the middle. I remember seeing two cars I believe go around them and they moved. I pulled up to them, stopped with them about at my hood as they kept walking towards me. I told them, “Hey guys, why don’t you walk on the sidewalk.” The first one said, um, “We’re almost to our destination,” and pointed this direction. So, I guess that’s northeast.
Detective: So, you’re pointed into the complex there?
Wilson: I said, “Okay, but what’s wrong with the sidewalk?” And then that was as they were passing my window the second subject said, “Fuck what you have to say.”
Wilson: And, then after that I put the vehicle in reverse, backed up about ten feet to them, ah, attempted to open my door. Prior to backing up I did call out on the radio. I said, “Frank 21, out with two, send me another car.” Um"
Only later did he try to make the association to the cigars. He initially says the reason he went back is because of what they said, not because he ID's them as suspects.
As to grand juries *routinely* opting to not indict:
"According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them."
I wouldn't classify %0.0006% a routine.
Not saying that he should have been indicted or if he should have even been sent to the GJ. Just that the prosecutor clearly did not want to go to trial with this case. He presented evidence that a defense attorney would salivate over, and a lot of it. That's not what prosecutors do.
As for his motivations for not wanting to go to trial, we can only guess but having people who rely on police officers all day every day and work with them closely be in charge of building a criminal case is probably not a good idea.