You can attempt to incite a riot with as little of 5 people "present" in the vicinity; it doesn't just have to be the 2 people directly. I am sure if a camera was on, there was at least 5 people close by. The lawyer can charge what ever sticks and WILL.
Their "attack on the media" campaign DOES also include many more than the required 5 people.
AND...
I said CHARGE, or SOMETHING of that nature (such a gross negligence). They could easily come up with something if they wanted to send a message or to get some money!