A judge on Thursday dismissed several state charges against Paul Pelosi's attacker, who was convicted in federal court last month, based on the argument that the counts fall under double jeopardy, according to the San Francisco Public Defender’s Office.
David DePape was convicted last month of assaulting a federal official’s family member and attempting to kidnap a federal official. He was sentenced to 30 years in federal prison, which will run concurrently with any potential punishment to come out of the state trial. He will likely be deported back to Canada after he completes his punishment.
Following the victory in federal court, state prosecutors continued to pursue their own case against DePape, who bludgeoned former U.S. House Speaker Nancy Pelosi’s husband with a hammer inside their San Francisco home in 2022. Paul Pelosi was 82 at the time of the attack.
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But DePape's public defenders say the state trial represents double jeopardy following the federal conviction. Even though the criminal counts are not exactly the same, the two cases stem from the same act, the public defender's office said.
The judge on Thursday dismissed the state charges of attempted murder, elder abuse and assault with a deadly weapon.
DePape still faces charges of false imprisonment, residential burglary, threatening a family member of a public official, attempting to sway a witness and aggravated kidnapping. Those were not part of the federal trial.
He has pleaded not guilty to all charges.
The public defender’s office did not have an additional comment besides confirming the judge’s ruling. The San Francisco Chronicle and KQED first reported the dismissed charges.
DePape admitted during his federal trial testimony that he planned to hold Nancy Pelosi hostage, interrogate her and “break her kneecaps” if she did not admit to the lies he said she told about “Russiagate,” a reference to the investigation into Russian interference in the 2016 presidential campaign.
The attack on Paul Pelosi was captured on police body camera video just days before the 2022 midterm elections and shocked the political world. He suffered two head wounds including a skull fracture that was mended with plates and screws he will have for the rest of his life. His right arm and hand were also injured.
The district attorney's office did not immediately return requests for comment.
