WASHINGTON — Secret Service agents investigating the man who operated the drone that crashed on the White House lawn last week believed there was enough evidence to charge him with a crime, and they have presented the case to federal prosecutors, according to law enforcement officials.
But the decision on whether to indict the man, Shawn Usman, has been a vexing one for the prosecutors because laws designed to protect the airspace around the White House were written for manned aircraft like planes, long before unmanned ones, like drones, became popular toys.
There is also a question of whether Mr. Usman should face charges for something he contends happened because of a malfunction with the drone.
According to aviation experts, the law’s ambiguity highlights a larger legal issue that has emerged in recent years as regulations for unmanned aircraft have not kept pace with their increased use by hobbyists and companies.
If the prosecutors decide against criminal charges, Mr. Usman may face civil charges from the Federal Aviation Administration. The agency has opened an investigation into Mr. Usman, according to a senior official there. Under F.A.A. regulations, it is illegal to operate a drone in Washington because of national security concerns at landmarks like the White House and Capitol, the official said. The penalty for such an infraction can be more than $1,000.
Mr. Usman, 31, has worked at the National Geospatial-Intelligence Agency, which uses satellites to gather information for the Defense Department. But it is not clear whether he has continued to work there while the government decides whether to charge or fine him.
In recent days, James M. Garland, a lawyer for Mr. Usman, did not return several messages seeking comment. But after his client’s name was posted online Wednesday night, he released a statement saying that Mr. Usman was “an accomplished scientist and dedicated public servant.”
“Many of the public reports of his actions with respect to this incident are inaccurate,” Mr. Garland said. “He has cooperated fully with the Secret Service’s investigation and looks forward to putting this unfortunate episode behind him.”
In an interview with Secret Service agents, Mr. Usman said that around 3 a.m. on Jan. 26, he had been playing with the drone — a 2-foot-by-2-foot quadcopter called the DJI Phantom — in the living room of his apartment a little less than a mile from the White House.
Mr. Usman, who said that he had been drinking earlier that night, told the agents he had opened a window and flown the drone outside. He then flew the drone, which belonged to a friend, back into the apartment through the window and back out again. After guiding the drone about 100 feet outside the window, Mr. Usman said that he lost control of it. The drone hovered for several minutes before shooting up several hundred feet in the air and disappearing.
Mr. Usman called the friend who owned the drone. They realized that there was nothing they could do, and Mr. Usman went to bed without knowing where the drone had landed.
When Mr. Usman woke up, he saw the news reports that a drone had been found at the White House. He spoke with one of his bosses, who told him to call the Secret Service.
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