Paul Pelosi attack suspect David DePape's state trial is delayed – here's what happens next

close

Video

Paul Pelosi attacker David DePape makes chilling call to TV station: 'I'm so sorry I didn't get more of them'

David DePape unexpectedly called in to KTVU San Francisco and said "you're welcome" for attacking Paul Pelosi with a hammer Oct. 28, 2022, and said "I'm so sorry I didn't get more of them."

David DePape, the suspect accused of attacking Paul Pelosi after breaking into he and Nancy’s San Francisco home last year, will face a federal trial before he appears in state court, his attorney confirmed Wednesday. 

The federal trial in relation to the October 2022 incident will begin on Wednesday, Oct. 11.  

DePape, 42, faces federal charges of assaulting an immediate family member of a federal official and attempted kidnapping of a federal officer for the alleged home invasion attack that sent Paul Pelosi, 83, to the hospital for emergency surgery on a skull fracture. DePape, in November 2022, pleaded not guilty to those charges. 

Then a month later, DePape pleaded not guilty to state charges of attempted murder, assault with a deadly weapon and elder abuse.   

PAUL PELOSI ATTACK: DEPAPE TOLD POLICE HE INTENDED TO HOLD NANCY PELOSI HOSTAGE 

David DePape, left, and Paul Pelosi are seen in bodycam footage showing the attack.  (San Francisco County Superior Court)

In a state court appearance Wednesday, DePape’s attorney, Adam Lipson, set a status hearing for Sept. 13 later this year, saying he still has a lot of discovery to do in relation to the state case against his client. 

Lipson indicated he won’t set a state court trial date until he has a better idea of when the federal trial will end.  

It was originally planned for DePape to face trial at the state level first during this summer, but that is now delayed and the federal trial will happen beforehand. 

Lipson would not say Wednesday whether if having the federal trial go first would hurt his defense in the state trial. 

DePape appeared in the courtroom Wednesday, dressed in all orange. But he sat in the back and did not say a word. 

PAUL PELOSI VIDEO SHOWS HAMMER ATTACK AFTER POLICE ARRIVE 

Screen grab from a surveillance video showing David DePape looking at a security camera in the backyard of the Pelosi home before the alleged assault on Paul Pelosi in San Francisco on Oct. 28, 2022. (Capitol Police)

In January, the San Francisco County Superior Court released surveillance video and bodycam footage depicting the attack. 

One portion of the footage shows police knocking on the door of Pelosi's home, before the door opens to reveal Paul Pelosi and DePape.  

"What's going on, man?" an officer asks. 

"Everything is good," DePape responds as he and Pelosi each have one hand on a hammer, with DePape also placing a hand on Pelosi's wrist. Pelosi appears to be holding an object in his other hand. 

"Drop the hammer!" the officer then says as he shines his flashlight at the two men. 

"Umm, nope," DePape responds, before starting to pull the hammer away from Pelosi, who says, "Hey! Hey, hey, hey!" 

The hammer then breaks free and DePape is seen swinging it at Pelosi, who appears to attempt to retreat before being struck. 

CLICK HERE TO GET THE FOX NEWS APP 

David DePape in Berkeley, California, on Dec. 13, 2013. ((Michael Short/San Francisco Chronicle via Getty Images))

"Oh, s---!" one of the officers says as police burst into the home and apprehend DePape. 

Another clip, taken in black and white, shows DePape approaching the Pelosis' San Francisco house and dropping multiple bags onto the ground. He then rummaged through the bags before he apparently pulled a hammer out of his clothing and started swinging at a glass door, eventually entering the home. 

Fox News’ Michael Ruiz and Danielle Wallace contributed to this report.