The common refrain is "you can get a Grand Jury to indict a ham sandwich". The standards required to indict are quite low. The fact that they failed to get an indictment here must mean they had ~nothing.
Judges have a lot of freedom to decide sentences. They might get one willing to throw the book on him. The risk is still there.
Quoted, and sourced, in the comment you're replying to.
Yes, I'm aware.