SAN FRANCISCO — Prosecutors have recommended a 40-year prison sentence for the individual who forcefully entered the residence of former U.S. House Speaker Nancy Pelosi and brutally attacked her husband with a hammer. They argue that his federal offenses equate to an act of terrorism.
In a memorandum submitted to the U.S. District Court in San Francisco, the prosecution team stated that David Wayne DePape, the convicted man, has shown no signs of regret for his actions. They believe he deserves no mercy and should be given the maximum statutory penalties for each of the two charges he was found guilty of last year.
The memorandum read, ”This case comes at a time when radicalism has resulted in assaults on public figures and elected officials. It provides an opportunity to send a strong message to those nurturing violent ideologies and plans.”
The sentencing is scheduled for May 17.
In November, a federal court jury found DePape guilty of attempting to abduct Pelosi, who was then the speaker of the U.S. House of Representatives, and assaulting her husband, Paul Pelosi, due to her official role as a Congress member.
The prosecution team suggested that DePape should be given the maximum prison term for each charge — 20 years for attempted kidnapping and 30 years for assault — with 20 years of the second charge to be served consecutively to the first, resulting in a total of 40 years in prison.
Although DePape was not found guilty of terrorism, his offenses — committed a week before the 2022 congressional midterm elections — fit the federal definition of terrorism as a crime “designed to influence or affect the conduct of government through intimidation or coercion,” according to the prosecutors.
The prosecutors considered this situation as a factor for sentencing “enhancement.”
DePape forcefully entered Pelosi’s San Francisco residence in the early hours of Oct. 28, 2022, confronted her husband, and struck him on the head with a hammer before the police, who were alerted, managed to apprehend the intruder.
At the time of the incident, the House speaker, who is second in the constitutional line of succession to the presidency, was in Washington. Paul Pelosi, then 82, was admitted to the hospital for several days due to skull fractures and injuries to his hands and right arm.
Evidence presented at the trial revealed that DePape, a Canadian citizen who had been residing in the United States illegally for 14 years at the time of the attack, was influenced by far-right conspiracy theories, particularly those propagated by the extremist QAnon movement.
The sentencing memorandum referred to DePape’s own trial testimony, in which he admitted his plan was to abduct Nancy Pelosi, interrogate her, and break her kneecaps if she was found to be lying.
The jury also listened to a recording of an interview DePape gave to a television station in 2023, in which he expressed regret for not causing more harm, stating, “I should have come better prepared.”
Along with highlighting DePape’s lack of remorse, the prosecutors argued that the severity of the crime and the need to deter others from committing similar acts justified the harshest possible sentence.
DePape is also facing separate state charges related to the Pelosi break-in and attack, including attempted murder, which could result in a sentence of 13 years to life in prison. He has entered a plea of not guilty.
40 years is too harsh for assaulting someone, regardless of who they are.
40 years is too harsh for assaulting someone, regardless of who they are. #disagree
40 years is excessive for assault, regardless of who the victim is.
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