The way I see this, it's pretty simple. With all DJI Phantom models they have built in GPS software which will not allow the unit to take off if it is within the 5 mile radius of a major airport. Therefore if this dude was in fact flying in an area that was safe to be doing so, and below the 400 foot range, it sounds to me like it is pretty much up to the individual flying it as well as the pilot of the chopper, since they don't have set flight plans either. There is no doubt that he was being used as an example for further FAA involvement.
Drone Nearly Collides With NYPD Helicopter; Brooklyn Man Arrested - Fox News Latino