Read the federal criminal complaint

“Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official…with intent to impede, intimidate, or interfere with such official.…..while engaged in the performance of official duties, or with intent to retaliate against such official…on account of the performance of official duties, shall be punished as provided in subsection (b).”

8. Title 18, United States Code, Section 1201(a) and 1201(a)(5), in relevant part states: “Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor or by the parent thereof, when (5) the person is among those officers and employees described in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties, shall be punished…” Further, in relevant part, Title 18 U.S.C. 1201(d) states: “Whoever attempts to violate subsection (1) shall be punished by imprisonment for not more than twenty years.”

FACTS SUPPORTING PROBABLE CAUSE

Events at the Pelosi House in San Francisco, California on October 28, 2022

9.

On October 28, 2022, at 2:23 a.m., San Francisco Dispatch received a 9-1-1 call from Paul Pelosi (“Pelosi”) located at the Pelosi residence in San Francisco, California. Pelosi stated words to the effect of there is a male in the home and that the male is going to wait for Pelosi’s wife. Pelosi further conveyed that he does not know who the male is. The male said his name is David.

10.

—

At 2:31 a.m., San Francisco Police Department (“SFPD”) Officer Colby Wilmes responded to the Pelosi residence, California and knocked on the front door. When the door was opened, Pelosi and DEPAPE were both holding a hammer with one hand and DEPAPE had his other hand holding onto Pelosi’s forearm. Pelosi greeted the officers. The officers asked them what was going on. DEPAPE responded that everything was good. Officers then asked Pelosi and DEPAPE to drop the hammer.

In re App. For Criminal Complaint and Arrest Warrant

3