State judge dismisses three counts against Paul Pelosi attacker David DePape
June 7 (UPI) -- San Francisco Judge Harry Dorfman Thursday tossed multiple state charges against Paul Pelosi attacker David DePape, siding with defense arguments alleging double jeopardy.
Attempted murder, assault with a deadly weapon and elder abuse charges were dismissed in DePape's Oct. 28, 2022 hammer attack on then-House Speaker Nancy Pelosi's husband because of federal convictions against DePape for those acts.
"This is all one event. A sober look at the evidence is - same place, same time, same act," Dorfman said during a hearing Thursday.
Dorfman's decision caused both the prosecution and defense to ask for a trial delay so the Court of Appeal can review the rulings. The judge granted the stay.
Five state counts remain against DePape, including aggravated kidnapping resulting in bodily harm or death, first degree residential burglary, false imprisonment of an elder or dependent adult, preventing or dissuading a witness by force or threat, and threatening staff, family or family members of public officials.
DePape was sentenced to 30 years in prison on federal charges in May for the attack on Paul Pelosi. The attacker broke into the home looking for Nancy Pelosi.
He was convicted of attempted kidnapping of a federal official and assaulting the family member of a federal official.
DePape struck Pelosi in the head with a hammer during the attack. Federal prosecutors called it an act of domestic terrorism.
In their sentencing memo prosecutors said, "The defendant planned a violent hostage-taking of the Speaker Emerita, and then nearly killed her husband. The defendant planned and unleashed violence and has stayed true to his belief that the actions were necessary."
