Maybe the D.A. hasn't gotten the memo that in Utah, Arizona, if the driver looks Hispanic, then he is an illegal and deadly force can be used for whenever and whatever when driving while Hispanic is a capital offense.
Or the other possibility is that the D.A. is up for re-election and wants the "illegals" voting for him. Every thing is possible in the vineyard of the Lord, even if that vineyard is operated by the lepers of "Christianity", the Mormons.