SAN FRANCISCO — A judge on Thursday dismissed several state charges against House Speaker Paul Pelosi’s assailant who was convicted in federal court last month, based on arguments that the charges constituted 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 employee and attempting to kidnap a federal employee. He was sentenced to 30 years in federal prison, to run concurrently with any possible state sentence. He will likely be deported to Canada after serving his sentence.
Following the victory in federal court, state prosecutors continued their own case against DePape, who bludgeoned to death the husband of former U.S. House Speaker Nancy Pelosi with a hammer in his San Francisco home in 2022. Pelosi was 82 at the time of the attack.
But DePape’s public defender said a state trial following a federal conviction would amount to double jeopardy: Even if the criminal charges are not exactly the same, the two cases stem from the same conduct, the public defender’s office said.
A judge on Thursday dismissed state charges of attempted murder, elder abuse and assault with a deadly weapon.
DePape is still facing charges of false imprisonment, burglary, intimidation of a family member of a public servant, witness coercion and kidnapping, which were not tried in federal court.
He has pleaded not guilty to all charges.
The public defender’s office has not made any additional comment beyond confirming the judge’s decision. The San Francisco Chronicle and KQED first reported the dismissal of the charges.
During testimony in his federal trial, DePape admitted to holding Representative Nancy Pelosi hostage and interrogating her, intending to “break her knees” if she did not admit to the lies she told about “Russiagate,” the investigation into Russian interference in the 2016 presidential election.
The attack on Paul Pelosi was captured on police body camera footage and sent shockwaves through the political world just days before the 2022 midterm elections. Pelosi suffered two head injuries, including a fractured skull, which she was treated with plates and screws but will have permanent scars. Her right arm and hand were also injured.
The district attorney’s office did not immediately respond to a request for comment.
