Why can't they convene a 2nd grand jury ?

[badtoworse]

16. Given that the facts did not persuade the grand jury to indict on any charge,...

...I think it's likely that McCulloch saw it the same way and thus could not recommend any specific charge. I'm not a lawyer, much less a prosecutor, but it seems to me that district attorneys and county prosecutors would only take cases to a grand jury where they believed the facts would support an indictment. To do otherwise would be wasting the grand jury's time and that is why a return of no true bill is rare.

In this case, I believe it was such a high profile case that McCulloch believed that exercising his discretion not to present the case would have created the appearance that the county was not seeking justice for Brown. By presenting all of the facts, McCulloch took any personal biases he might have out of the decision making process and left it up to the twelve grand jurors. To me, that seems reasonable.