The judge presiding over David DePape’s state trial in the hammer attack on Paul Pelosi during a 2022 home invasion on Thursday dismissed multiple charges including attempted murder, according to the court.
Judge Harry M. Dorfman on Thursday afternoon granted the defense motion to dismiss three counts in the case against DePape — attempted murder, assault of an elder and assault with a deadly weapon — based on the public defender’s argument that the counts fall under double jeopardy.
The defendant will still face the five remaining counts in the trial, the court said. Those counts include first degree residential burglary, false imprisonment of an elder or dependent adult, threatening staff, family or family members of public officials, aggravated kidnapping resulting in bodily harm or death and preventing or dissuading a witness by force or threat.
Both the prosecution and the defense asked for a stay of further trial proceedings to allow the Court of Appeal to review the Thursday rulings, according to the court. Judge Dorfman granted the stay of the proceedings.
Depape was sentenced to 30 years last month when a federal jury found him guilty of attempting to hold then Speaker of the House Nancy Pelosi hostage and assaulting her husband, Paul. DePape was looking for Nancy Pelosi when he broke into their home on Oct. 28, 2022.
Opening statements in the state trial began in late May, a day after DePape’s federal sentencing was reopened to allow him to speak.
Last Friday, Paul Pelosi testified about confronting DePape in the Pelosis’ San Francisco home before being attacked with a hammer.
During his testimony, he recounted calling 911 shortly before the attack, saying he was “scared” as DePape stood just feet away armed with the hammer.
The defense argued during opening statements Wednesday that DePape never intended to kill Paul Pelosi.
DePape’s federal sentence will run concurrently with any potential punishment to come out of the state trial.
The jury will return at 10 a.m. on Friday, June 14 to resume the trial.