Indeed.
Folks, it is not impossible for this guy to be monitoring the wrong frequency to hear the attempted contacts, not be familiar enough with the local airspace and have made this mistake. A violation, but not a death penalty one. Let alone the danger to those on the ground of plane parts coming down in flames. We have to be a little careful about what is down-range when deciding to shoot down planes over the city without VERY sure probable cause.
I am glad Homeland Security has a calmer trigger finger than folks on this thread. Shooting down a family on a sightseeing trip, would be a tragic setback to future attempts to go after real threats.