harassment ?

#1
there a guy, i attaked a few times(3-4 times in the past 1.5 month), wiping the majority of his fleet everytime, a few day ago i scanned him again and all his fleet sit again on his undefended planet with 5m metal on it
i feel bad about attaking him again, so i sent him a private message, telling him he should fleet save.
today, i probe, fleet still on the planet...
should i recycle it again ?
cron