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Rule 6.02(b) Comment: If after the pitcher starts his windup or comes to a "set position” with a runner on, he does not go through with his pitch because the batter has stepped out of the box, it shall not be called a balk. Both the pitcher and batter have violated a rule and the umpire shall call time and both the batter and pitcher start over from “scratch.
Even if he hadn't completely gotten out of the box when the pitcher came set, I would still apply this rule - the batter's actions in part caused the balk, and he should not be rewarded for it. The hand waving especially would convince me to not penalize the pitcher.
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