SAN FRANCISCO – Federal agents said Thursday that the man accused of trying to kill Paul Pelosi with a hammer is in the United States illegally and could be sent back to Canada. He has been charged with attempted murder in connection with the attack.
Agents from Immigration and Customs Enforcement said that DePape came to the United States as a tourist through the San Ysidro port of entry in March 2008. Officials said that Canadians who come as short-term visitors don’t usually need a visa.
Canadians can stay in the U.S. for up to six months if they have the same status as DePape. The LA Times said that about 20 years ago, DePape moved from Canada to California.
The detainer, which was issued on Tuesday, asks San Francisco law enforcement to let ICE know before he is released so that the federal agency can take him into custody.
But because of sanctuary city laws, the immigration detainer was sent to the San Francisco County Jail, where officials have never worked with ICE. But if someone is found guilty of a violent crime, the sanctuary status can be taken away.
On Thursday, a San Francisco jail spokesman said he was looking into the situation.
The Sheriff looks at ICE requests on a case-by-case basis to see if telling ICE about Mr. DePape’s possible release date is in line with our local sanctuary city laws. A spokesman said that before making a decision, the Sheriff will look at all the information he has up to the time of any release date.
But if DePape is found guilty, likely, he won’t serve his time in San Francisco.
David DePape Twitter
Take a look at the David DePape Twitter account.
Pelosi attack suspect David DePape, an illegal immigrant, may face deportation after criminal trial: Report https://t.co/IC7w0i0DHO
— Fox News (@FoxNews) November 3, 2022
Man Accused in Pelosi Attack Appears in Court, Pleads Not Guilty
According to a court filing from Tuesday, the man accused of breaking into House Speaker Nancy Pelosi’s home, beating her husband, and trying to kidnap her told police he was on a “suicide mission” and planned to go after other California and federal politicians.
During his arraignment on Tuesday in San Francisco Superior Court, David DePape was told he would be held without bail. His public defender said on his behalf that he was not guilty.
If 42-year-old DePape is found guilty of the multiple felony charges in last week’s break-in and beating, he would probably be sent to the California Department of Corrections and Rehabilitation. He is also being charged by the feds.
San Francisco’s District Attorney also charged DePape with attempted murder, residential burglary, assault with a deadly weapon, elder abuse, false imprisonment of an elderly person, and threats to a public official and their family. If he is found guilty of all local charges, he could go to state prison for 13 years to life.
The U.S. Attorney’s Office put him on trial for assault and trying to take someone away. If found guilty, the maximum sentence for each count is 30 and 20 years, respectively.
State and federal prisons are not required to follow sanctuary laws, and they have always worked with ICE.
So far, DePape has said that he is not guilty of breaking the back door of the Pelosis’ home in Pacific Heights and breaking Paul Pelosi’s skull while the House Speaker was in Washington, D.C. He has not been told what will happen in federal court yet.
Court records show that DePape told police that he thought Nancy Pelosi was the “leader of the pack” in the Democratic Party and that he had planned to break her kneecaps if she had been home.
For now, DePape is still in jail without bail in San Francisco.
Deportations usually happen after criminal cases are over and people serve their sentences. If DePape is found guilty on all counts in both the state and federal systems, it could take years or even decades for his detainer to be honored, if it is honored at all.!