This "guy," from a Middle Eastern country, wasn't just "having a cigarette." He was also "(making; ed.) disparaging statements against the United States." In these times, a completely justified reaction to a loudmouthed idiot.
Charge the guy with the cost of scrambling the fighters and the plane tickets for every passenger aboard the flight. He won't be so eager to flick his Bic on a commercial flight again.
Good grief...a capital offense to be sure...fry the bastich.