No, 5.5 is when he clearly has possession and was down by contact. The Jets player recovered the the ball and was first touched by a NE player at 4.8 seconds. You claim the whistle came at 6.9, and it actually came at 6.3. Anyone can examine the video and determine who is right. We know the play was being signaled dead before the whistle blew. Based on the recovery on the video, the official could have signaled it as early as 5.5. We can't see him, so we can't know for sure if he was, but it certainly would have been reasonable for him to do so. The NFL looked into this and they have a lot more video angels to see when the signal came. The NFL said there was no foul play. I don't take the NFL's word alone, but examining the play myself, I agree.