On June 6, 2024, a judge dismissed several state charges against David DePape, who was convicted of attacking Paul Pelosi, citing double jeopardy concerns. This dismissal was reported by NBC News on June 7, 2024.
Background on the Case
David DePape had already been convicted in federal court for assaulting a family member of a federal official and attempting to kidnap a federal official. The San Francisco Public Defender’s Office argued that the state charges could not proceed as they were too closely linked to the federal charges for which DePape had been convicted.
Federal vs. State Charges
DePape received a 30-year federal prison sentence, which will run concurrently with any state punishment. Post-sentence, he is likely to be deported to Canada. Despite the federal conviction, state prosecutors pursued their own case against DePape for the brutal attack on Paul Pelosi, the husband of former U.S. House Speaker Nancy Pelosi. In October 2022, DePape broke into the Pelosis’ San Francisco home and assaulted Paul Pelosi, then 82, with a hammer.
Dismissed Charges
The dismissed state charges included attempted murder, elder abuse, and assault with a deadly weapon. Public defenders argued that these charges constituted double jeopardy since they stemmed from the same incident as the federal charges. While not identical, the criminal counts were considered by the public defender’s office to be duplicate prosecutions for the same act.
Ongoing State Charges
DePape still faces several state charges that were not part of the federal trial. These include false imprisonment, residential burglary, threatening a family member of a public official, attempting to sway a witness, and aggravated kidnapping. DePape has pleaded not guilty to these charges.
Implications of the Dismissal
The dismissal of the state charges of attempted murder, elder abuse, and assault with a deadly weapon is a significant development in this high-profile case. The initial federal conviction and subsequent 30-year sentence addressed the core aspects of DePape’s violent attack on Paul Pelosi. However, the ongoing state charges will continue to subject DePape to legal scrutiny.
Nationwide Impact
The attack on Paul Pelosi in October 2022 shocked the nation, highlighting the vulnerability of public officials and their families to targeted violence. The incident, which took place in the early morning hours, drew widespread condemnation and spurred discussions about security measures for high-profile public figures.
Paul Pelosi sustained serious injuries, including a fractured skull, requiring emergency surgery. Nancy Pelosi, who was in Washington, D.C., at the time, expressed deep gratitude for her husband’s survival and recovery.
Security Concerns for Public Figures
The incident led to heightened calls for increased security and protective measures for politicians and their families. It underscored the risks faced by those in public service and the potential for politically motivated violence.
David DePape’s case continues to evolve, reflecting the complexities of prosecuting violent crimes that impact public figures and their families. The legal proceedings will likely influence future measures to protect those serving in public office.