Because of the outright stupidity of the defendant in that case, he might not have much to prove. Even if his seizure was completely imaginary, which is my opinion, the idiot who sent the gif to him admitted he knew, or at least believed, that (((Eichenwald))) had epilepsy and he deliberately sent the gif with the intention of causing a seizure.
So even if (((Eichenwald))) literally isn't epileptic and literally made up the entire seizure thing, this guy is still possibly guilty of attempting to do something that IMO probably didn't even happen at all in reality.
He is a life lesson in how not to ween, even if you for whatever reason insist on being a ween.