Perhaps I am not clairvoyant, but when I read a statement that says..."According to a video of the accident and multiple witnesses, the radio controlled airplane was maneuvering over runway 12. The bi-plane is seen flying from the north to south in straight and level flight when the radio controlled airplane climbs directly into the bi-planes flight path." ....and there is nothing in the prelimanry report that states a full scale rule was broken....in fact it says...

"This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

On August 14, 2010, approximately 1100 mountain daylight time, a Shpakow SA 750 bi-plane, N28KT, was substantially damaged when it collided with a radio controlled AJ Slick airplane, while performing a go-around at the Van-Aire Estates Airport, Brighton, Colorado. Visual meteorological conditions prevailed at the time of the accident. The personal flight was being conducted under the provisions of Title 14 Code of Federal Regulations Part 91 without a flight plan. The pilot and his passenger were not injured. The flight departed Centennial Airport, Denver, Colorado, approximately 1030 and was en route to Brighton, Colorado."

Now it appears to me that the FS pilot is saying he was performing a go around, and witnesses are saying that the model pulled up into his path. I have seen the video, and from the report by the AMA, they are saying it was poor coordination by the "ATC/spotter". I don't see any other way this report will be finalized, do you? I mean the AMA is saying that full scale aviation always has the right of way, and the modeler was not doing everything in his power to avoid a collision (by not having a personal spotter, other than the guy with the radio who evidently was not doing his job). So if witnesses and video show to the FAA investigator that the model "flew into" the path of the full scale plane, who do you think they are going to fault? How will this be played in court to the modeler's advantage?