The former chief was booked on 10 counts of child endangerment and known criminal negligence, according to an official at the Uvalde County Jail.
Depends on what the statutes cover. For example, you can be charged with "Serious Bodily Injury to a Minor" by way of direct action or failure to act to try to prevent the injury. It's broad and open to interpretation for a reason, and that's where juries come in.
I imagine they'll use that particular legal precedent you mentioned as part of their defense strategy, though. It's almost like a loophole, except it's literally just a gaping hole in police oversight.