David DePape, the rightwing conspiracy theorist who attacked Nancy Pelosi’s husband in their San Francisco home, has been convicted of attempted kidnapping and assault.
The federal jury’s decision on Thursday comes after a dramatic trial in which Paul Pelosi testified about the “traumatic” hammer attack he suffered on 28 October 2022, days before the midterm elections. DePape also took the stand in his defense, saying he had planned to interrogate the former House speaker and post footage of her online.
The jury deliberated for about eight hours before finding DePape guilty of attempted kidnapping of a federal official and assault on the immediate family member of a federal official. DePape, who faces up to 50 years in prison, did not react as the verdict was read in court.
Defense attorneys for DePape argued that he was caught up in conspiracy theories that influenced him to commit the crimes. DePape admitted in his own testimony during the trial that he broke into the Pelosis’ house with a plan to hold the former House speaker hostage, and that he bludgeoned Paul Pelosi with a hammer after police officers showed up at the home.
DePape, 43, echoed rightwing conspiracy theories and told jurors he had planned to wear an inflatable unicorn costume and record his interrogation of Nancy Pelosi to upload to the internet. Prosecutors say he had rope and zip ties with him. Detectives also found body cameras, a computer and a tablet.
A sentencing date has not yet been set.
At a news conference outside the federal courthouse where the verdict was read, the US attorney Ismail Ramsey told reporters: “People can believe what they want and engage in passionate debate. But this guilty verdict on all counts sends a clear message that regardless of what your beliefs are, what you cannot do is physically attack a member of Congress or their immediate family for the performance of their job.”
Prosecutors said that at the start of the attack at around 2am, DePape smashed through a door in the back of the Pelosis’ house and encountered Paul Pelosi, then 82. He had been sleeping. DePape allegedly said: “Where’s Nancy? Where’s Nancy?” as he stood over Paul Pelosi with zip ties and a hammer in his hands. Nancy Pelosi was in Washington DC during the break-in.
Paul Pelosi managed to call police, and when two officers arrived, the officers saw DePape hit the speaker’s husband in the head, which knocked him unconscious. Paul Pelosi was hospitalized with a skull fracture and injuries to his hands and arm. Part of the incident was captured on body-camera footage of police, and an FBI agent testified that the video indicated DePape hit Pelosi at least three times.
“It was a tremendous shock to recognize that somebody had broken into the house and looking at him and looking at the hammer and the ties, I recognized that I was in serious danger, so I tried to stay as calm as possible,” Paul Pelosi recounted to jurors.
More than a year after the attack, Paul Pelosi said he still hadn’t fully recovered. A neurosurgeon who operated on him testified that Pelosi had two wounds on his head, including a fracture to his skull that had to be mended with plates and screws he will have for the rest of his life. Pelosi also needed stitches on injuries to his right arm and hand, the surgeon said.
DePape has a documented history of promoting conspiracy theories and far-right messages. On Facebook, he shared videos that falsely claimed the 2020 election was stolen from Donald Trump and misinformation about the January 6 insurrection.
In court, DePape cried when he talked about his political beliefs, explaining how he came to support baseless narratives that a cabal of pedophiles were behind the US government. He also said he had wanted to talk to Nancy Pelosi about the 2016 election, and that he intended to question her while wearing an inflatable unicorn costume.
“He was never my target and I’m sorry that he got hurt,” DePape said of Paul Pelosi.
DePape and his attorneys did not deny he committed the attack. His lawyer, Jodi Linker, argued that he was not targeting Nancy Pelosi as retaliation for her official duties, but rather due to the conspiracy theories he believed “with every ounce of his body”. In opening remarks, she said he was trying to stop the abuse of children and corruption: “This is not a whodunnit. But what the government fails to acknowledge is the ‘whydunnit’ – and the ‘why’ matters in this case.”
DePape is facing separate charges in state court, including attempted murder, assault with a deadly weapon, residential burglary and elderly abuse. He faces a potential life sentence in the state case and has pleaded not guilty, but that trial has not been set.
The Associated Press contributed reporting