Doc
That is the difference in these two events. there was no adherence to safety protocols, nor common sense,
I never saw anything credible that the RC pilot REFUSED to yeild,
but that he was caught unawares and didnt have enough time to complete his attempt to yield.
As such,
what does AC91-57 say about being within 3miles of an airport? ... and who was the radioguy-airboss?