And if all else fails there is the old fallback of Federal Civil Rights violations.
This is a maritime law case with federal jurisdiction. The feds only get one bite at the apple and the state has no jurisdiction. That being said, until a jury is empaneled, jeopardy does not apply. The judge cannot dismiss the case with prejudice unless the prosecution commits gross misconduct. Screwing up an indictment is not such an error.
The guy is not off the hook.