This is why prosecutorial discretion exists. Yes, he could, but mitigating circunstancies can and often are considered, and local prosecutors or responsible regulators (the FAA in this case) simply decide not to file charges. Police often do the same in smaller cases. Example; if someone breaks a car or house window to save an occupant that's trapped from a fire. That's vandalism, but rarely prosecuted if it happens as far as I know.