There are no loopholes. If the DA presented it to a jury, they would've convicted on the 911 call alone. Even if grandpa said he had a stroke and didn't remember that day at all. People forget that at the core, court is a popularity contest.

DA is concerned about working less and balancing hos conviction rate. It's far more effectice to overcharge someone else and guarantee a plea bargain, keeping those conviction rates up rather than have to deal with one of the 2% of cases that go to trial.