David DePape Indicted on Two Federal Counts in Attack on Paul Pelosi

Federal prosecutors have brought charges against David DePape, a Bay Area man accused of breaking into the home of House Speaker Nancy Pelosi and assaulting her husband with a hammer.

U.S. District Attorney Stephanie Hinds filed the indictment against DePape on Wednesday stemming from the October 28 assault on Paul Pelosi that left the 82-year-old hospitalized. The charges include assault on the immediate family member of a federal employee and attempted kidnapping of a federal employee. The charges are the latest in the incident that left the top House Democrat shaken and raised concerns about caustic political rhetoric leading up to the midterm elections.

The indictment, filed in the U.S. District Court for Northern California, states that San Francisco police responded to a call around 2:20 a.m. from Paul Pelosi regarding an "unknown man" in his residence searching for his wife, who was in Washington, D.C.

"(DePape) attempted to unlawfully and willfully seize, confine, kidnap, and hold for ransom, reward and otherwise an officer and employee of the United States and of an agency in a branch of the United States Government, to wit, Nancy Pelosi, a Member and Speaker of the United States House of Representatives, while Nancy Pelosi was engaged in and on account of the performance of her official duties," the indictment reads.

In the recording of Pelosi's 911 call, cited in the indictment, DePape gives his name and says he's a "friend." But Pelosi told the dispatcher he didn't know the man, the indictment states. The dispatcher offered to stay on the phone with Pelosi, who responded that the man wanted him to "get the hell off the phone," the indictment states.

Officers arrived at the front door of the residence with their body-worn cameras activated where they found DePape and Pelosi gripping a hammer, according to the indictment. DePape tried to downplay the situation to officers, saying "everything is good," before suddenly striking Pelosi with the hammer when police told him to drop it, the indictment states.

"As the officers rushed through the door, they found Mr. Pelosi and (DePape) on the floor, with (DePape's) legs on top of Mr. Pelosi," reads the indictment. "Officers restrained (DePape) and called for medical assistance, as a pool of blood swelled around Mr. Pelosi's head."

Police arrested DePape, and Pelosi was taken to an area hospital where he was treated for a fractured skull. Pelosi was released last week and Nancy Pelosi said she expects her husband to have a "long recovery process."

Following his arrest, details emerged on DePape, 42, including evidence of him trafficking in right-wing conspiracy theories. The attack heightened concerns over political violence. Conservative political and media figures have reacted by suggesting there was a coverup in the attack or blaming Democrats for it.

Law enforcement seized electronic evidence from DePape showing that he had researched the Pelosi residence as well as the home of another individual on his "target list," according to the indictment.

The indictment cited a recorded interview DePape gave to law enforcement following the attack where he outlined how he viewed Nancy Pelosi as the "leader of the pack" of lies told by the Democratic Party. He said in the interview he planned to hold the speaker hostage and release her if she told him the "truth" and would break kneecaps if she didn't.

"As a result of (DePape) breaking Speaker Pelosi's kneecaps, she would have to be wheeled into Congress, which would show other Members of Congress that there were consequences to their actions," reads the indictment.

DePape described in the interview how he broke into the Pelosi residence and intended to restrain Paul Pelosi with zip ties, according to the indictment. DePape said in the interview that he refused to leave the residence after Pelosi called 911, likening himself to the American Founding Fathers and saying he was "fighting tyranny" without the option of "surrender."

If convicted, DePape could face up to 30 years in prison for injuring a family member of a federal official. He could face 20 years if convicted on charges of attempting to kidnap a federal official.

Newsweek has reached out to DePape's lawyer for comment.

Update 11/09/22, 9:20 p.m. ET: This story has been updated with additional information.