So we don't know if they have even taken the case to the DA... but if they had (or were going to)... I don't think Nifong would take it because it's not high-profile and media-grabbing enough for him... my impression is that, especially with elections so close, he's only taking the cases that will help him in the spotlight and with getting him reelected. He doesn't impress me as the guy who seeks justice for all victims... just the ones who make the national news.
I thought that even if the DA was hesitant to take the case, they could take it to the Grand Jury to see if there's enough evidence to indict (and thus taking the decision-making power out of the DA's hands)... so even if Nifong were to be reluctant to take the case, could somebody theoretically push for the Grand Jury to hear the case? Or how does this work?