Should Michael Brown’s stepfather be charged with inciting a riot? What about the rioters?

 "When the grand jury’s decision not to charge the police officer who shot Michael Brown was announced, Michael Brown’s stepfather, Louis Head,  reacted angrily. “Burn this motherf***** down.  Burn this b**** down,” Head repeatedly yelled to a crowd. That action might theoretically meet the requirements for charging under Missouri’s riot statute. But it would be sound exercise of prosecutorial discretion not to file charges against him … while aggressively pursuing charges against identified rioters and looters."   [Volokh Conspiracy]

Read a reasoned argument as to why the Stepfather should not be charged.  [clipper]