In my humble opinion, the officer acted correctly. The mention of this guy being unemployed due to a heart condition is just a media spoiler which is not a material fact pertaining to the offence.
Facts are he seems to have been observed littering therefore a potential offence has been committed. Thats it-end of story.
See here..
http://en.wikipedia.org/wiki/Litter
How would he and his ilk like a first offence penalty of a fine of $1000 and 24 hours litter picking duty?
Thats why the US is very clean and Britain is a filthy dump.