I don't really think so. If I was working on a game for years, only to find out someone broke into my network, planted keyloggers on lots of my computers, and stole all of the source code for my game, I'd be interested in arresting the perpetrator as well. The game was practically Gabe's second baby.
Plus, there was no way Gabe could have known that Axel was 1) truly apologetic or 2) wasn't the one who also published the code publicly. And even if it was known, the fact that he shared it with friends showed that he didn't seem to care that much about protecting it.
That being said, I do work in the security industry and understand that Axel's motivations weren't evil or anything. Gabe still did what he should have done.
