In Texas, the charging decision in felony cases is made by a jury (grand jury), and not by the prosecutor. The theory is that it lessens the political considerations. In a case like this, it’s a win-win, because it takes the heat off the prosecutor, who would be criticized regardless of what he/she decided.
Can the prosecutor in this case shop the case around like the DA (Earle?) in the Tom DeLay prosecution did? Or will this be the end of it? Of course, Mr. Horn isn’t quite the political plum DeLay was, so the prosecutor might just drop it.
Any DA that can't control a grand jury needs to find a new line of work.