They're right. He was still doing 78mph when he hit the crane, and although his engine didn't cut when he hit both pedals it's reasonable to say that although no speed was added, no speed was lost either. 80mph through double waved yellows on tyres past their best in a downforce car with no downforce is reckless at the very least.
Every other drive was just as guilty that day of the same thing: Lewis, Alonso, Button et al. They just got lucky.
If you watched the WEC race at Sao Paulo on Sunday, you would've seen all drivers slow down instantly once they saw the Webber crash, long before the FCY and then the SC were deployed. So much more common sense in that series, all round.
If F1 continues the way its going the likes of WTCC and WEC will be taking its global crown as F1 is ran into the ground.