Judge keeps punishment of 30 years at resentencing for man who attacked Paul Pelosi
SAN FRANCISCO– The man convicted of trying to take former Speaker Nancy Pelosi hostage and attack her husband with a hammer two years ago apologized in federal court on Tuesday but still received a 30-year prison sentence in an unusual hearing on the judgment that was the result of a miscarriage of justice.
District Judge Jacqueline Scott Corley sentenced David DePape on May 17 to 20 years for the attempted kidnapping of Nancy Pelosi and 30 years for the October 2022 attack on Paul Pelosi, the maximum for both counts. The sentences would run simultaneously.
But she had not allowed the suspect to address the court during that sentencing. Corley scheduled Tuesday’s hearing for the limited purpose of allowing DePape to speak with the goal of mitigating his sentence.
On Tuesday, she apologized to DePape, 44, and attorneys for her mistake and asked if he would address the court.
DePape, wearing an orange shirt and orange pants and with his hair in a short ponytail, said yes and spoke quickly from a piece of paper.
“I’m sorry for what I did,” he said, adding that he felt terrible and that he never meant to hurt Pelosi and that he should have left the House when he realized the former speaker wasn’t there used to be.
DePape said looking back on that time in his life, things weren’t going well for him. Since then, he said, he has reconnected with his mother and other family members, which is helping him move forward. He eventually became emotional, prompting his lawyers to comfort him and pat him on the back.
Corley said the sentence should reflect the seriousness of the crime and serve as a deterrent to others who choose to break into the homes of elected officials and take their spouses hostage and beat them.
“The message needs to get out that this is absolutely unacceptable for our democracy,” she said.
DePape will serve 30 years with credit for the 19 months he has already served, she said. His federal sentence should run concurrently with any sentence the state gives in his trial against DePape. She said she expects him to be deported back to Canada after completing his sentence.
Neither prosecutors nor DePape’s attorneys noticed Corley’s surveillance during the May 17 hearing. But hours after Corley handed down the sentence, prosecutors filed a motion noting that the court had not given DePape the opportunity “to speak or present any information to mitigate the sentence” as required by federal regulations.
They asked the court to reopen the sentencing hearing to give him that opportunity.
DePape’s attorneys, however, said in a filing that they opposed bringing their client back to trial because it would disrupt his state trial. DePape was charged in state court with attempted murder, elder abuse, home invasion and other crimes. Opening statements in that trial are set to begin Wednesday.
“Given Mr. DePape’s neurodiversity and mental health issues…preparing him for a criminal case hearing is time-consuming, which necessarily takes away from time to prepare for his state trial,” they wrote.
DePape’s attorneys had asked the judge to sentence him to 14 years, noting that he was going through a rough patch at the time of the attack, had undiagnosed mental health issues and had no prior criminal history.
Last year, a jury found DePape guilty in November of attempted kidnapping of a federal official and assault on an immediate family member of a federal official. Prosecutors had asked for a prison sentence of 40 years.
The attack on Paul Pelosi, who was 82 at the time, was captured on police body camera footage just days before the 2022 midterm elections and stunned 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.
Before sentencing, one of DePape’s attorneys, Angela Chuang, told the judge to consider the prison sentences imposed on those who participated in the Jan. 6, 2021 attack on the Capitol.
“The five most severe sentences for people convicted of seditious conspiracy, or literally plotting to overthrow the government, range from 15 to 22 years,” Chuang said.
Corley said the Jan. 6 analogy does not adequately capture the seriousness of breaking into an elected official’s private home. The housing attack could have a chilling effect on people looking for jobs in the future, she said.
DePape admitted during the trial that he broke into the Pelosis’ home on October 28, 2022, with the intention of taking the speaker hostage and making her admit to corruption. “If she was lying, I’d break her kneecaps,” he said. Nancy Pelosi was not home at the time.
DePape also admitted to beating Paul Pelosi with a hammer when police arrived, saying his plan to end what he viewed as government corruption was unraveling.