Two Albuquerque Police Officers Charged With Murdering A Homeless, Mentally Ill Man

The Assistant U.S. Attorney plainly said that they will be monitoring the local handling of the case because the federal investigation remains open. That would suggest that they have made no ruling on the case. As for the DA taking this route, she wouldn't have presented the case to a federal grand jury anyway would she? She hasn't filed federal charges.

 

From a CBS article on the case: The FBI is investigating the Boyd shooting, but U.S. authorities have not said if the officers will face federal charges.

Federal Grand Jury has been hearing evidence on this case since at least April. I'm sure the US Attorney is watching to see if any NEW information comes out. Federal Cases are often left open ended for in some cases years, so this still being open in and of itself isn't really that different than normal procedure. If the US Attorney could get an Indictment I think they would have asked for one by now, at this point they are just sitting back watching.

You are right she could have presented to local Grand Jury not the Federal one. She is going this route due to political pressure from events this fall in NY and STL, IMO. Not just for transparency sake as she says.

FBI and US Attorney have presented evidence for over 6 months to the grand jury, if nothing new comes out I don't think there is any chance of Federal Charges in this case. I think that is why the local DA is now pressing ahead, because there isn't enough to indict/convict on Federal Charges. Which would be much much harder to do.