So... I've been thinking about this for a bit.
Easy to Monday morning quarterback things, I know, but it seems to me that whatever the emergency was it wasn't handled very well.
He reports to tower that he's having trouble climbing when he's about 2 miles away from the airport.
At that point he's doing 100 kts (winds are negligible), he's 500 ft AGL. Makes no attempt to slow down to best glide or best climb speed, which would allow him to gain some altitude on whatever power he's still making.
He continues to fly away from the airport, over populated areas, at the same speed and (low) altitude, for another 3 miles or so until the engine quits. Granted, by the time he put it down he was in a less developed part of the community, but still plenty of houses around.
It feels like the best course of action would've been to slow down, climb and try to return to the airport. But I wasn't in that plane.
Anyway, assuming my interpretation is valid, is this something that would result in a 709 ride?