That depends. If your drone is over your property or public property, that's different from flying it over someone else's property (particularly as a voyeur). Assuming this case is being reported correctly, I would vote not guilty in a criminal trial regardless of the letter of the law. In a civil trial, I would vote for the drone owner to compensate the responsible father for the cost of ammo.
I would say it appears to be a voyeur of sorts. The neighbor’s daughter waved and they moved it. Thus, it looks like they were looking at her.
I do not like that the cops did not take the SIM card. I also think the drone should have been kept as evidence if they were going to file charges.
I would hope the homeowner is exonerated and their legal costs reimbursed by the trespasser.
Yeah, I'm mostly with you and, unlike most of the other replies I've received, you are thinking it through logically. The facts of the case are being ignored completely and the drone operators were lawful. However, as you likely well know, the idiot schmucks are gonna ruin it for guys like me who took classes and studied the law (Regs, etc).