Mental torture? Are you kidding me ? Having depression does not award you a "get out of prosecution free" card. Might as well charge the friends and family who knew he was suicidal -- it was on his damn blog! -- for not getting him the help he needed. That's only slightly less ridiculous than your over-the-top idea.
The guy had serious issues, blaming a prosecutor for doing their job is ridiculous. The guy broke the law, period. Don't do the crime if you can't do the time.
“That's it. You people have stood in my way long enough. I'm going to clown college!”