At what point do you think he didn't have them locked up? After the first contact? That's what it looks like to me. From his split judgement perspective, if he did let the brakes go he did so while getting close to the inside of the track. If the Miata saw Richie (and I understand why he probably didn't), he would assumed Richie was going to continue his path - towards the inside of the track. In this case Christian, I'd argue that Richie was going in a predictable path.

Other incidents are different. I've been involved in at least two like you're talking about. One in the left hander where he never locked them up and recovered right into my passenger side door instead of continuing his spin off the track as anticipated. That does get frustrating.