Not a "game", maybe, but it's still zero sum. Which prosecution specifically do you want to skip so that the system can go through the motions to "do its freaking job" and get a conviction?

Once more: this was a practical decision by prosecutors to deliver as much justice as they could given limited resources. It seems all but certain (yes, in the "beyond a reasonable doubt" sense) that there is no objective injustice involved in holding this guy.