I'm not surprised there may be a little foot dragging going on before taking this guy in front of a judge.
It seems to me that LE has a twofold problem here:
A) Diana wasn't found with Guerrero.
B) Guerrero's name was barely mentioned as a POI until Thursday of last week, other than here on Websleuths. That means that anything "Guerrero" wasn't being watched out for by the public and by people that knew him until the Amber Alert was issued, 4 full days after Diana disappeared.
If he clams up and refuses to talk, which he probably has, then LE is going to have to gather up enough circumstantial evidence to place him in the same town, the same neighborhood, and possibly inside her residence last Sunday morning. They are going to have to do some real speedy collection of surveillance videos, phone records, and forensic testing in order to have something that will stick when they initially charge him. Collecting surveillance video and reviewing all of it is a pretty time consuming task, and they don't have a lot of time here.
If Guerrero was in the neighborhood that morning, then there is almost certainly a video showing his vehicle prowling the streets just before dawn on Sunday morning. There would be videos of his vehicle leaving the area as well. You can only imagine the task of trying to obtain all of the different videos from business owners citywide and trying to review them in only a couple of days. Some business owners may require a subpoena before they will release such videos, same goes for cell phone records, depending on the carrier.
DNA evidence will have to be fast tracked as well in order to get test results. 90% of that is going to be disputed and contested by his attorney because he lived in the same home and had contact with the siblings on a daily basis. It's not going to make a difference if it was found in the house, in a car, in the backyard, or in the kitchen. I'd think that actual blood evidence would be a little hard to explain away, but we all know an attorney will find a way.
Not knowing Diana's fate at this point, it's doubtful they can put a murder charge on him, or would even try that. I'm thinking they will try and go for kidnapping or custodial interference to begin with, and then up the ante from there. Whatever charges that may be pursued, they will have to be strong enough to convince a judge that the case has merit and that the bond is set high enough that Guerrero can't afford to bail himself out and flee.
If Guerrero walks out of the courtroom a free man tomorrow, we're right back to square one, and we still have no idea where Diana is.
