What are you talking about? We are talking about the charge chosen, aggravated kidnapping. It has six possible elements to incur the charge. The detective who swore out the affidavit chose #4. It is all in the affidavit; she spells it out because she's required to:
"Affiant further believes based on the anger Arochi displayed at Petrosky's apartment toward Sabrina Boss when she refused his sexual advances toward her that Enrique Gutierrez Arochi intended to violate or abuse Christian Morris sexually. Affiant believes Enrique Gutierrez Arochi was sexually frustrated that Boss rebuffed his sexual advances and the opportunity presented itself for him to act upon his anger and sexual frustration when he found himself alone with Christina Morris."
"With the information obtained through this investigation, Affiant believes Enrique Gutierrez Arochi committed the offense of Aggravated Kidnapping PC 20.04 (a)(4) on August 30, 2014, in the area of the 5700 block of Legacy Drive at the Shops at Legacy in Plano, Collin County, Texas, when he intentionally and knowingly abducted another person, Christina Marie Morris, with the intent to inflict bodily injury on her or violate or abuse her sexually."
https://cbsdallas.files.wordpress.com/2014/12/380a-20141212-arrest-10-sw-arrest-return-sealed.pdf
These are the detectives words, not mine. They form the basis for the arrest warrant because the states that you have to present an affidavit with a specific reason you want the warrant. The specific part of the Code the detective chose was #4 of the Aggravated Kidnapping section.
These aren't opinions. These are facts gleaned from simply reading the affidavit and the Texas Code.
You said:
My problem is you said this yesterday:
"Detective Stamm said, if we are to believe the reporters tweets, that they have no evidence of a sexual assault. That was the basis of the arrest warrant, point 4 under the Texas Code on Aggravated Kidnapping."
Which was later clarified by the original tweeter and in the thread:
She tried to clarify what she tweeted here:
"Catherine Ross ‏@CatherineNBC5 - They're trying to make the point that in general, DNA doesn't always mean assault. A little confusing
I think it was her wording making it even more confusing, but difficult sometimes in 140 characters to get a point across."
The detective didn't say there is no evidence of sexual assault.. he said that DNA does not prove sexual assault. They may have other evidence that we don't know about. IMO.
Then you repeat the line that the detective said they have no evidence of sexual assault even though that's not what he said.
But, more importantly, a lot of DNA in his trunk and fresh injuries on EA - isn't that enough for an AK charge? Not conviction - a charge. Obviously, it wasn't even close for the judge that heard this evidence.
Furthermore, why does it matter? LE is being thorough at building a case. Not being snarky - but why does it matter at this point if the charge isn't the exact correct one? It's appropriate enough to keep him in jail and if LE determines other charges are more appropriate - they'll indict on those.