The problem with indictment is that it can only be done by a vested authority of *citizens* whose purpose is to decide indictment. A grand jury.
Even the US Attorney General cannot indict someone. He can only ask a federal grand jury to indict.
The Fifth Amendment to the U. S. Constitution provides that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury...”
So what they really wanted was that this board could forward a criminal complaint, which is similar to an indictment, but issued by a judge.
A criminal complaint is issued by a prosecutor, followed by a “preliminary hearing” held by a lower court judge or other magistrate, who will determine whether or not the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial.
Yup. The law here in this area has to change for all this to happen. That requires a ballot. Going to be uphill all the way, and maybe fall off the cliff at the end.
The Andy Lopez case was already given to our local grand jury, and they refused it on the grounds that they were not qualified to make a pronouncement.