> This is someone (a parent) making that statement claiming to have heard it, so this is even less than unofficial.

Fair assessment. I can say, when one of my kids was the victim of a crime, the (Butler) DA met with me before offering a plea deal, actually deferred to my judgement. They didn't have to, and this case is different, but something like "We need to prove beyond a reasonable doubt the intent" if you go for higher charges could risk the guy getting off with zero punishment. I don't know the details of this case, just speculating.