This is my understanding and opinion. IANAL.
- In order to make an arrest, there must be sufficient probable cause.
- In every state in the U.S., once arrested, a person must be charged within 72 hours, or let go.
- In order to charge a person who's been arrested, there must be sufficient probable cause.
- DAs don't like to charge a person unless they are reasonably confident they can gain a conviction.
- Convicting someone takes evidence (and a whole lot more, but this thread topic is dealing with evidence only).
- Some states require a Grand Jury indictment before charging a person with certain crimes.
- Gaining an indictment from a Grand Jury is much easier for a DA than gaining a conviction at trial.
- A Grand Jury can indict a ham sandwich. I'm not aware of any ham sandwiches that have been arrested, charged, or tried.
- Neither LE nor DA always reveal all the inculpatory evidence they have. DAs like to save it for the trial, because if they reveal it prior to trial, the defense has more time and opportunity to determine how best to refute it. If the defense can successfully refute evidence, the DA may not gain a conviction.
- There are certain instances in which there may be all three (or four) elements: enough probable cause for an arrest, enough probable cause to charge, an indictment by a Grand Jury, and/or enough evidence that the DA feels confident of gaining a conviction, but a choice is made to delay arresting/charging the person.
- Given the above and my knowledge of Kyron's case, I do not think there is enough probable cause to arrest and/or charge Terri, nor do I think there is currently evidence that leads the DA to feel confident of gaining a conviction.
I think they may have some evidence, but are missing key evidence, specifically, evidence that will support charges of custodial interference, kidnapping, child abuse or neglect, or homicide. Lacking that specific key evidence, I don't think there are any other charges that can be brought against Terri at this time.
Even more specifically, I have seen nothing that leads me to believe that there is sufficient evidence that Terri took Kyron from the school to support charges of custodial interference, kidnapping, child abuse, or child neglect. If, however, Desiree was correct that a witness saw Kyron outside the school near the Horman truck, and if that witness proves credible, I think there is a small chance that the DA may try for one or more of these charges, but I think it would be difficult for the DA to gain a conviction, because I think it would be difficult to prove it was Terri who drove the truck away, and that Kyron was in it.
I have seen nothing that leads me to believe that there is sufficient evidence that Terri abused or neglected Kyron within the parameters of the law. In fact, both Kaine and Desiree have made statements that indicate to me that neither of them believe that Terri abused or neglected Kyron, but rather took at least adequate care of him. However, I think a charge of child abuse or neglect could be considered based on depriving Kyron of the normal care etc of his biological parents with whom he had established relationships. I don't really know though since IANAL.
I have seen nothing that leads me to believe that there is sufficient evidence that Kyron is deceased, and that his death was by homicide. In fact, LE stated (reference Aug 11 LE/DA press conference, Captain Gates) that LE has "received" no evidence that indicates Kyron is not alive. One of the elements of homicide in Oregon is that the person is deceased. It may be possible to convince a jury that a child Kyron's age can not survive on his own, and that there is no evidence that anyone is caring for him in a manner that would sustain his life. I don't know because IANAL.