May was arrested last March when he attempted to steal Breach from the PAX East show floor. He then skipped bail and eventually agreed to show up for court in May, with the latest hearing set for yesterday. We've contacted Atomic Games for comment on the outcome.
Update: Atomic Games' president Peter Tamte's statement after the break.
"Our request of the District Attorney was that they treat this case just as seriously as if Justin May had stolen some very expensive tangible goods. In other words, we requested that they not treat the theft of intellectual property any differently than they would the theft of tangible property. It's my understanding that the path they have taken with Justin May is consistent with this request, and the DA's course of action was heavily influenced by the fact that Mr. May was caught before his theft could cause any damage. Had he been able to post Breach on the Internet for download, and then been caught, he would likely end up serving time in jail."