Flamma
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I think Joseph has two things working in his favor. First, it happened in Texas. Second, he's one of the few actual witnesses to the crime, so the state is going to want him on its side to get a conviction. That he didn't report what happened immediately works against him, but that can be forgiven with cooperation.
Yep. If he's not charged, it's pretty much 100% the state is using him as a witness.