I think you missed the point. I bleieve that he was saying that since the article had already been posted then the guy could not be charged agian since that would equal double jeopardy. Kind of tongue in cheek way of asying they guy should not be charged and be considered not guilty.
I got it. After over a decade I'm wise to Revolting Cat!'s shenanigans. I just felt like explaining why I didn't see a previous article.