Legal Question in Criminal Law in Texas

I was attacked in my home by my son-in-law. Before he arrived at my home, he had pre-prepared a knotted tube sock (the knot was about the size of a tennis ball tied in the middle of the sock) to use as a gag, and had it hidden in his jacket. Even though he arrived at my "back" door in total darkness at 3:30 in the morning, I didn't think quick enough NOT to let him in. After all, he is my son-in-law and he had left my other daughter a week before, and I knew he had to be at work at 4 a.m., so I thought he just wanted to talk to me about their problems. (He had parked at a shopping center nearly a mile from my home and walked a path to my home at 3:30 a.m.) I think he didn't expect me to be awake watching TV, and he had to make up some story on the spot that he had run from the police for some reason. I think his original plan was to break into my house, find me asleep, gag me, then rape and/or murder me.

Once he was able to talk me into my bedroom on the ruse that he didn't want us to disturb and wake my other sleeping daughter in her room with our talking, unbeknown to me, he locked my bedroom door behind us. He then grabbed me from behind and told me not to scream and he threatened to hurt my adult daughter (who was sleeping in the other room) if I screamed.

As he was trying to jam the knotted sock into my mouth while dragging me into my bathroom, I screamed and screamed my daughter's name (knowing she couldn't hear me on the other side of the house), but hoping it would scare him. It did. He stopped when he saw the marks under my nose on my upper lip where he had mashed the sock knot against my skin while trying to get it into my mouth.

I was able to talk him down (about 10 minutes), promising I would say not say anything to anyone about the attack, and he let me out of the locked bathroom, then out of the locked bedroom, and I took him to his car (as I had promised him since it was 30 degrees outside). As soon as he got out of my car, I drove home and called the police.

Although I had had no sleep, I went to the police station and gave a detailed statement of what I considered an assault, attempted rape and/or murder. In other words, I filed charges against him for the attack on me. As I left 4 hours later, the detective told me he would be charged with "Injury to the Elderly", because it was a felony and the strongest charge they could make.

He was arrested, held overnight in jail, then released the next morning with no charges. The D.A. said, "Not prosecutable"..."Not enough evidence." It appears that since my attacker denied that it happened, there was nothing the law could do.

I'm still trying to find out if the police searched his brother's home where he was staying and where he was arrested 30 minutes after he left me. Did they try to locate the knotted sock with my DNA on it? Did they search his vehicle for the heavy rubber utility gloves that he laid on my bed beside his jacket (which I think he intended to use to break a window and/or strangle me)? Did they screen his fingernails for my DNA? Did they inspect his hands for scratches? Did he offer a plea? Did he make a statement? Was it recorded or taken down in writing? Did they take pictures of his hands?

Now, the police are telling me I have to come to the station and file a form with open records if I want to obtain the police report and a copy of my statement. Even then, THEY will decide whether I will be granted any of that information. They're also telling me that even though there is a 2-year statute of limitation on filing charges in this case, that I must come to the station tomorrow (because they want to close the case) to file another claim for a lesser charge (Class C Misdemeanor) titled "Assault by Contact."

What was the responsibility of the police in this case? What are my rights as the victim of a violent attack?

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