The Justice Department is seeking a 40-year sentence for David DePape under a “terrorism enhancement” for the hammer attack on Paul Pelosi at his and Rep. Nancy Pelosi’s California home. Federal prosecutors disagreed with the Probation Office’s decision not to apply the terrorism enhancement due to the lack of remorse shown by DePape after nearly killing Mr. Pelosi. They stated that the core of both crimes, attempted kidnapping of a public official and assault on a family member of a public official, is violence aimed at punishing Nancy Pelosi. Even though DePape claimed he wanted to inflict violence on the Speaker Emerita, his actions are not permissible in the United States.
David DePape was convicted of attempted kidnapping of a federal official and assault on the immediate family member of a federal official and is scheduled to be sentenced soon. The attack on Paul Pelosi was captured on police body camera video just days before the 2022 midterm elections. DePape admitted to breaking into the Pelosi home with intent to hold the Speaker hostage and harm her if she lied to him. He also confessed to attacking Paul Pelosi with a hammer after police arrived, fearing his plan was unraveling. Despite claims that he was motivated by his political beliefs and conspiracy theories, defense attorneys did not believe DePape deserved leniency.
DePape’s history and characteristics do not warrant leniency, according to federal prosecutors. His difficult relationships with his father and a romantic partner, along with a sense of isolation, may have contributed to his consumption of media that led him to adopt extremist views. While these factors may bear on the instant offense, they do not excuse his violent actions. The government recommended a term of 20 years on the attempted kidnapping count and 30 years on the assault count, with 20 years on count two to run consecutively. Prosecutors also suggested imposing terms of supervised release and a special assessment per count.
Nancy Pelosi was not at home during the October 2022 incident, where Paul Pelosi suffered two skull fractures and other injuries that required emergency surgery. A neurosurgeon testified during the trial that one of the skull fractures narrowly missed a vein that could have caused life-threatening blood loss. DePape called the KTVU newsroom from custody and said he had “an important message for everyone in America.” The government argued that DePape planned a violent hostage-taking of the Speaker Emerita and nearly killed her husband, showing that he planned and unleashed violence while remaining true to his belief that his actions were necessary.
Ultimately, prosecutors claimed that DePape’s actions were an assault on democracy and fundamental values. The government recommended a significant sentence due to the violent nature and circumstances of the offense. DePape showed no remorse for his actions, with federal prosecutors arguing that the severity of the crimes warranted statutory maximums on each count. Despite DePape’s claims to have been motivated by something other than the Speaker Emerita’s official position, the jury rejected his contentions, leading to the recommendation of a 40-year sentence under the terrorism enhancement. The Court was urged to impose the recommended sentence to reflect the grave nature and circumstances of the offense.
