SAN FRANCISCO– A judge on Thursday dismissed several state charges against Paul Pelosi’s attacker 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 family member of a federal official and attempting to kidnap a federal official. He was sentenced to 30 years in federal prison, which will run concurrently with any potential punishment resulting from the state trial. He will likely be returned to Canada after completing his sentence.
After the victory in federal court, prosecutors continued to pursue their own case against DePape, who beat the husband of former U.S. Speaker of the House of Representatives Nancy Pelosi with a hammer in their San Francisco home in 2022. Paul Pelosi was 82 at the time of the attack.
But DePape’s public defenders say the state trial represents double jeopardy after the federal conviction. Although the sentence numbers are not exactly the same, the two cases stem from the same fact, according to the Public Prosecution Service.
The judge dismissed charges of attempted murder, elder abuse and assault with a deadly weapon on Thursday.
DePape still faces charges of false imprisonment, residential burglary, threatening a family member of a government official, attempting to convince a witness and aggravated kidnapping. Those were not part of the federal process.
He has denied being guilty of all charges.
The public prosecutor’s office had no additional comments 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 take Nancy Pelosi hostage, interrogate her and “break her kneecaps” if she did not admit to the lies he said he 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 footage just days before the 2022 midterm elections and shocked the political world. He suffered two head wounds, including a skull fracture that was repaired with plates and screws, which will affect him 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.
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Dazio reported from Los Angeles.