Though sometimes a prosecutors office will use a grand jury to fail to indict intentionally, like when the accused is a police officer they work with. It's a good way to launder away a prosecution that the DA doesn't want to pursue for political reasons.
The state could contract a criminal defense lawyer to prosecute, they probably already have antagonistic relationship with police.
This is how it should be done. But police departments strongly resist even administrative discipline by independent bodies.
Why would the state do that unless forced?
That's either a very shallow or deep question. :)
I've banged on about this before, but every state needs to adopt a law where allegations of illegal behavior by cops are always handled by a Special Prosecutor, never the local DA. The incentives are too fucked for a DA to ever be trusted to handle it properly.
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