Probably because he just attacked Murray. It was a plain as day instigator.
I know you hate Ott, but that ain't what happened.
The two jostled off the face off, circled each other a while and both dropped at the same time. That's not an instigator in any sense of the penalty.
And instigator is what Daley does when he comes flying over like a bat out of hell or what Iginla did to Benn (uncalled) earlier this year. One guy agreeing to answer for a marginal head-high hit is not an instigator.