A federal grand jury returned an indictment today charging a California man with assault and attempted kidnapping in connection with the break in at the Pelosi residence on Oct. 28 in San Francisco.
The indictment supersedes the federal criminal complaint filed on Oct. 31.
According to the indictment, David DePape, 42, of Richmond, was arrested on Oct. 28 inside the Pelosi residence by San Francisco Police Department (SFPD) police officers responding to a 911 call from Paul Pelosi, husband of U.S. House of Representatives Speaker Nancy Pelosi. Paul Pelosi later described to police that he had been asleep when DePape, whom he had never seen before, entered his bedroom looking for Nancy Pelosi.
According to the indictment, minutes after the 911 call, two police officers responded to the Pelosi residence where they encountered Paul Pelosi and DePape struggling over a hammer. Officers told the men to drop the hammer, and DePape allegedly gained control of the hammer and swung it, striking Pelosi in the head. Officers immediately restrained DePape while Pelosi was injured on the ground. As set forth in the indictment, once DePape was restrained, officers secured a roll of tape, white rope, a second hammer, a pair of rubber and cloth gloves, and zip ties from the crime scene, where officers also observed a broken glass door to the back porch.
DePape is charged with one count of assault upon an immediate family member of a U.S. official with the intent to retaliate against the official on account of the performance of official duties. He is also charged with one count of attempted kidnapping of a U.S. official on account of the performance of official duties. If convicted, he faces a maximum sentence of 30 years in prison for the assault count and 20 years in prison for the attempted kidnapping count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Stephanie M. Hinds for the Northern District of California, Special Agent in Charge Robert K. Tripp of the FBI San Francisco Field Office, and Chief J. Thomas Manger of the U.S. Capitol Police made the announcement.
The FBI San Francisco Field Office, the U.S. Capitol Police, and the San Francisco Police Department are investigating the case.
The Special Prosecutions Section of the U.S. Attorney’s Office for the Northern District of California is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.