Strange.

Predictable, no?

do you think he should be arrested?

Depends on the law of the land. If he possessed a banned or objectionable substance, then he ought to be arrested.

blah

I would guess the other 8 are still in South Carolina and Phelps isn't. People with camera phones ( I suspect the guy who sold the picture is one of the 8) should realize they may make a profit selling the picture, but since they're there and took the picture, they could end up being charged as an accessory. I marvel at college students these days, I/we didn't have camera phones in college, mostly underage drinking, but if someone was getting out of hand, he/she was quickly hustled away to some other location so the party could go on. Lots of times that ended up with them not being invited to the next party or even knowing about it. Was my generation smarter or just more aware of the consequences?

do you think he should be arrested?

Probably not, but look at the resulting arrests. Is this because of the publicity? It just shows how messed up we are. All these arrests, but not the person who is the subject of photo where there is visual evidence of him committing a crime. The legitimacy of the crime notwithstanding. Why is he seemingly untouchable?