The Justice Department is seeking a 40-year sentence for David DePape under a “terrorism enhancement” in connection to the hammer attack on Paul Pelosi at his and his wife, Rep. Nancy Pelosi’s California home. Federal prosecutors stated that DePape showed no remorse after “nearly killing Mr. Pelosi in his effort to also kidnap the Speaker Emerita.” The prosecutors disagreed with the Probation Office’s decision not to apply the terrorism enhancement, arguing that DePape’s actions were violence aimed at punishing Nancy Pelosi and assaulting the values of democracy. They emphasized the severity of the crimes and the need for the sentence to reflect the nature and circumstances of the offense.

DePape was convicted last year of attempted kidnapping of a federal official and assault on the immediate family member of a federal official, with the attack on Paul Pelosi captured on police body camera video just days before the 2022 midterm elections. DePape admitted during trial testimony that he intended to hold Nancy Pelosi hostage and harm her if she lied to him, also admitting to assaulting Paul Pelosi with a hammer after police arrived at the home. Defense attorneys argued that DePape was motivated by his political beliefs and influenced by conspiracy theories, but prosecutors contended that his violent actions were inexcusable.

Prosecutors highlighted that DePape knew the severity of his actions when he went to the Pelosi home, as he had admitted to planning the attack and boasting about it. Despite the defense’s arguments about DePape’s difficult relationships and isolation contributing to his extremist views, the government emphasized that these factors did not justify his violent actions. The prosecutors recommended a 40-year sentence for DePape, with 20 years on the attempted kidnapping count and 30 years on the assault count, to reflect the seriousness of the offense and the danger he posed.

Nancy Pelosi was not present in the home at the time of the incident. DePape, from custody, called a newsroom to deliver a message to America, indicating that he viewed his actions as necessary. Prosecutors detailed the injuries sustained by Paul Pelosi in the attack, which included two skull fractures requiring emergency surgery, as well as wounds to his arm and hand that needed treatment. A neurosurgeon testified at trial about the life-threatening nature of one of the skull fractures. Prosecutors argued that DePape’s violent hostage-taking plan and attack on Paul Pelosi warranted a lengthy sentence due to the premeditated and dangerous nature of the crimes.

The government recommended that the Court impose a term of 20 years on the attempted kidnapping count and 30 years on the assault count, with consecutive sentences. Prosecutors also suggested a term of supervised release and a special assessment per count. In their motion, the prosecution emphasized the need to hold DePape accountable for his actions and to ensure that his sentence reflects the seriousness of the crimes committed. The Associated Press contributed to the report on the case, which has garnered national attention for the violent attack on Paul Pelosi and the implications for the security of public officials and their families.

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