it's not about how long he takes or how much he makes or even the quality of updates. it's about him constantly lying to ensure that his support doesn't stop. that's all there is to it. actually speaking, scamming is illegal and exactly what he has been doing. with the amount of money he has scammed his patreons off, he could be facing some serious repercussions.
it's not that he's been completely silent and dropped very poor quality content with very little quantity as well, he has constantly made promises about communicating more often, releasing updates more often and more just to completely disregard them as though nothing was ever said.
see, if he had just said that he is dealing with issues and that the game will release when it does, then he wouldn't be doing anything illegal, even if he continued to collect money from patreons for years on end without creating anything new. this would just make him unreliable and inconsistent, not a scammer. but he made very specific commitments that he didn't fulfil and has given us the ammo to make him pay for defrauding his supporters.
I don't press charges because against patreon (pursuing icstor directly might not be beneficial) 1, I never supported him, nor do I have an account with any payment mode linked to it (tried linking PayPal, but it didn't work) and 2, because I live in India and I don't think I would be able to sue them from here, or more the to the fact, I don't have much of a case since I wasn't directly affected and it won't have the impact that is needed.
but if you're worried about just wasting more of your money and time, rest assured when you win you'll get refunded for all of it. heck the compensation might be a substantial amount provided you make your case properly.