No offense but it's hard to call this "selective". If Aaron had simply given up during one of the first few roadblocks put up that would have been the end of it. No calls to the police, no charges, no nothing.
MIT didn't even know it was Swartz until he stupidly re-entered the network closet for the second (or third?) time and finally got caught by the police that MIT had to make special arrangement to have standing by.
If you make yourself the object of a inter-agency sting operation then it's a pretty fair bet that there might just be charges coming en route when you get caught.