If I was the DA I would tell the police to go through the motions but not to bring in any suspect. There were enough witnesses on the scene; they don't need one more. As they often say on tv, the paperwork is a pain.
Yea.. if I was the DA I would fine him for jay-walking or something that results in him not needing a lawyer, does not go on his record and essentially just results in being able to say that something was done. Then, I would go buy the guy a well deserved drink..
After all it doesn't stop the criminals, it only affects the law abiding, making them easier prey.