The grand jury's work came on a day when prosecutors were considering how much more evidence they might be able to find.
Many prosecutors consider anyone who was under 18 at the time of his crime too young to be sentenced to death.
Nonetheless, two people involved in the case said prosecutors apparently considered the payroll issue serious.
When weighing whether someone is a viable risk, prosecutors consider whether the person has been violent.
If the prosecutor considers the case to merit a term in prison or a higher fine, the case is always taken to the court.
Instead, in subsequent appeals, prosecutors considered him someone who simply aided the crime, defense lawyers said.
The current guidelines lay out nine factors that prosecutors must consider when weighing whether to indict a company or an individual.
A House subcommittee held hearings on the case last week, and federal prosecutors have also been considering charges.
But he said the prosecutor would consider other new evidence as it emerged.
The following cartoon was immediately after the arrest published in newspapers as being part of the eight that the prosecutor considered to be a crime: