Teribus, let's assume that all those unknowns stack up in a way that suits your argument, meaning that the pilot was able to deduce precisely nothing from his first pass. A good basis to start killing people? And don't start whining "self defence" because he didn't need to do a second pass, never mind a third.

About 20 years ago I had flying lessons and got to flying light aircraft unsupervised - only out of interest, knowing I would never go solo (glaucoma in both eyes). What's that got to do with anything? I'm sue you fly jumbos. Or maybe A10s.