I agree. I think they have a lot of circumstantial evidence, maybe even enough for charges to stick or a grand jury to indict but like you mentioned, they want to make sure a conviction will stick and once someone is arrested we all know it's a whole new ball game with the rights of the defendant, etc. it's pretty much standard for experts that are able to measure height from surveillance videos or cameras to give a range for the height to account for error and I'm glad bc it would be terrible to have an expert testify to a specific height when the defendant is an inch taller.
In terms of the height thing, this is the last time I'm gonna bring it up bc I really think LE did a thorough job in reconstructing and coming up with the height range swat perp falls between, but for anyone that is still interested in this, here's a link to a company that also does the type of work the group from tarrant county did in getting a better idea of swatperps height.
http://www.ncavf.com/what-we-do/forensic-height-analysis if you click around their site they have some interesting things about what they can do and testifying in court, etc. this is a private company not associated with this case but I found it interesting and informative for someone like myself who doesn't know much about this particular subject.