“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger...”
I will let you guess where that comes from.
Now go Google the Baltimore Police Officers in which the grand jury refused to indite.
He’s not charged with a capital crime. Words mean things, most especially the ones in the constitution.