First, the policies are confused and applied differently by BOEs. Adjustments change from era to era but older elders can and do follow older policies. Any jw can individually choose to decide that an individual is dangerous spiritually and avoid them. They shouldn't broadcast their opinion to others but they do causing others to imitate them, the fruits of gossip.
It happened in the Bible in the case of David who committed adultery and murder but was not executed under the Law. There was no provision for human judges saying God had forgiven an Israelite, death was the end. It is not possible that David was the only "repentant" Israelite adulterer.
(James
2:13) . . .For the one that does not practice mercy will have [his] judgment without mercy.. . .