How do you know that he intended to interfere with the company's ability to do business? Sure, that's what the FBI said (channeled, presumably, from YouSendIt), but he could have just been running apache benchmark as a simple test to see how the server would respond.

In fact, the allegation doesn't really make sense, because as the former CTO, if he had really wanted to interfere with the company's ability to do business, you'd think he could have found much better ways to do so. Logging in and deleting the company's data, turning employees/investors against them, or writing negative articles about them would have had a far greater consequence on their business than running an apache benchmark program.

To be clear, I'm not claiming to know what happened; I'm just saying that this press release is a deeply one-sided view of the story, and that the situation smells funny.