Judge confirms 30-year prison sentence for man who attacked Paul Pelosi

SAN FRANCISCO – The man convicted of trying to take former House Speaker Nancy Pelosi hostage and attacking her husband with a hammer two years ago apologized in federal court Tuesday but was still sentenced to 30 years in prison in an unusual re-sentencing based on a miscarriage of justice.

District Judge Jacqueline Scott Corley sentenced David DePape on May 17 to 20 years in prison for the attempted kidnapping of Nancy Pelosi and 30 years in prison for the October 2022 attack on Paul Pelosi, the maximum sentence for both charges. The sentences will be served concurrently.

However, she did not allow the defendant to speak at the sentencing. Corley scheduled the hearing for Tuesday to give DePape the opportunity to speak and thus reduce his sentence.

On Tuesday, she apologized to 44-year-old DePape and his lawyers for her mistake and asked him if he wanted to appeal to the court.

DePape, wearing an orange shirt and orange pants with his hair tied in a short ponytail, said yes and then began talking quickly about a piece of paper.

“I’m sorry for what I did,” he said, adding that he felt terrible and never meant to hurt Pelosi. He should have left the House when he realized the former speaker was not there.

DePape said when he looks back on that time of his life, he was not doing well. Since then, he said, he has reconnected with his mother and other family members, which helps him carry on. He became emotional at the end, prompting his lawyers to console him and pat him on the back.

Corley said the sentence must reflect the seriousness of the crime and serve as a deterrent to others who might break into the homes of elected officials, take their spouses hostage and beat them.

“The message must be clear that this is absolutely unacceptable for our democracy,” she said.

DePape will serve 30 years of his sentence, with credit for the 19 months he has already served, she said. His federal sentence will be served concurrently with any sentence the state imposes in DePape’s case. She said she expects he will be deported to Canada after he completes his sentence.

Neither prosecutors nor DePape’s defense attorney mentioned Corley’s oversight during the May 17 hearing. But hours after Corley announced the verdict, prosecutors filed a motion noting that the court had not given DePape the opportunity to “speak or present information that might mitigate the sentence,” as required by federal law.

They asked the court to resume sentencing to give him this opportunity.

However, DePape’s defense attorneys said in a brief that they oppose bringing their client back to court because it would interfere with his trial. DePape has been charged in state court with attempted murder, elder abuse, home invasion and other crimes. Opening arguments in the trial are scheduled to begin Wednesday.

“Given Mr. DePape’s neurological and psychological problems … preparing for a resentencing will require a significant investment of time, which will inevitably detract from time spent preparing for his state trial,” they wrote.

DePape’s defense attorneys had asked the judge to sentence him to 14 years in prison, pointing out that he was going through a difficult period at the time of the attack, suffered from undiagnosed mental health problems and had no previous convictions.

In November last year, a jury found DePape guilty of attempted kidnapping of a federal official and assault on a close family member of a federal official. Prosecutors had asked for a 40-year prison sentence.

The attack on Paul Pelosi, then 82, was captured on police bodycam video just days before the 2022 midterm elections and shocked the political world. He suffered two head injuries, including a skull fracture that was treated with plates and screws that he will have for the rest of his life. His right arm and hand were also injured.

Before the verdict was announced, one of DePape’s lawyers, Angela Chuang, asked the judge to consider the prison sentences for participants in the January 6, 2021 attack on the Capitol.

“The five harshest sentences for people convicted of seditious conspiracy, literally plotting to overthrow the government, range from 15 to 22 years,” Chuang said.

Corley said the comparison to Jan. 6 does not adequately reflect the severity of the break-in at the private home of an elected official. The attack on the home could have a chilling effect on future candidates for office, she said.

DePape admitted during the trial that he broke into the Pelosi’s home on October 28, 2022, to take the speaker hostage and force her to confess to corruption. “If she lied, I would break her kneecaps,” he said. Nancy Pelosi was not home at the time.

DePape also admitted to beating Paul Pelosi to death with a hammer as police arrived and said his plan to end what he saw as corruption in the government was failing.