And, that is likely what the defense will argue because the Aggravated Kidnapping charge has been chosen. AK requires taking someone against their will for ransom, as a hostage, to impede government officials/business, to physically or sexually assault, or in the commission of another crime.
It seems like they'll have difficulty proving his mindset/intent prior to the "kidnapping" when you have that video of them walking together to the garage, and the testimony of witnesses who have said they noticed nothing unusual about the pair that night as they barhopped, went for burgers, and hung out.
But, again, here's where I go back to whether or not EA has an attorney. I believe the prosecutors made that higher charge hoping to get information for either an equally high charge or a lesser charge. With no attorney standing in their way, they could easily choose a high bar charge and pile on a high bail amount. Why would they not? They need him to talk, and probably figured that would scare information our of him.