I paid a person over 1 k in fees and over 4k in sofeware, he never made my website, is this breach of trust? is is criminal? it has been over 300 days

That is basically the same information you have already provided. Sometimes the police will say its a civil matter and they won't do anything about it, and sometimes they will see it as a criminal matter. It won't hurt to call them and see what they say.