A judge in San Francisco granted a request from defense lawyers to throw out some of the most serious state charges against the man who attacked Rep. Nancy Pelosi’s (D-Calif.) husband in their home in 2022.
Judge Harry M. Dorfman of the San Francisco County Superior Court dismissed the charges of attempted murder, assault with a deadly weapon and elder abuse, the court confirmed Friday in an email to The Hill.
The defendant, David DePape, is still facing four counts for the trial.
Both the prosecution and the defense asked for a stay of further trial proceedings Friday, to allow the Court of Appeals to review the rulings. The stay was granted by Dorfman, per the court statement.
The jury will return June 14 at 10 a.m. to resume the trial. The defendant could still face up to life in prison on the remaining charges.
DePape, 44, broke into the California home of Pelosi, who was at the time Speaker of the House, in October 2022 and violently attacked her husband, Paul Pelosi, with a hammer. He called out repeatedly for the lawmaker but encountered her husband asleep in their bedroom.
Paul Pelosi barely survived the attack during which he was hit in the head multiple times. DePape had planned on kidnapping the then-Speaker, but she was in Washington at the time.
DePape gave an emotional apology during his testimony after hearing about the result of Pelosi’s injuries.
“He was never my target, and I’m sorry that he got hurt,” DePape said.
He also described to the court how his political views had shifted after reading comments on YouTube about former President Trump. The defendant told the judge that he traveled to the Pelosi’s home to talk about alleged Russian involvement in the 2016 election.
He was convicted in November of two crimes in the trial.
While the Department of Justice requested a longer sentence, DePape was given 20 years in prison last month for the attempted kidnapping and 30 years for attempted murder. Both sentences were to be served simultaneously.
The case was briefly reopened after the judge failed to let DePape speak during the sentencing hearing. But, while he apologized once again, the defendant was resentenced to 30 years late last month.
DePape blamed the violence on a poor mental state. He said he has since reconnected with family and improved mentally.
