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Nov. 9 (UPI) -- A federal grand jury returned an indictment Wednesday charging a Canadian man accused of attacking the husband of House Speaker Nancy Pelosi late last month. The indictment, which charges David DePape, 42, with one count each of assault and attempted kidnapping of a U.S. official on account of the performance of their official duties, supersedes the federal criminal complaint that was filed Oct. 31.
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DePape also faces a slew of state charges in connection to the Oct. 28 attack, which required Paul Pelosi to undergo surgery. He suffered a fractured skull and injuries to his hands and right arm.
Prosecutors accuse DePape of smashing Paul Pelosi on the head with a hammer after breaking into the Pelosi's San Francisco home in search of the Democratic House Speaker.
The indictment returned Wednesday states that DePape told police after he was arrested that he had planned to take Nancy Pelosi, 82, hostage.
According to the charging document, if she told DePape the "truth" he would let her go, but that if she lied to him he would break her kneecaps.
"He views Speaker Pelosi as the 'leader of the pack' of lies told by the Democratic Party," the indictment states, adding that DePape told authorities that he was certain she would not have told him the "truth" as his captive.
"As a result of DePape breaking Speaker Pelosi's kneecaps, she would have to be wheeled into Congress, which would show other members of Congress that there were consequences to their actions," the indictment said.
The indictment also states DePape told authorities that he also had a second person "way up" on his target list, and that he planned to use Nancy Pelosi to lure this person identified in the document as "Target 1."
Police arrested DePape as he was attacking Paul Pelosi.
According to prosecutors, DePape entered the house with a backpack through a glass door that he broke. He awakened a sleeping Paul Pelosi to ask him where the House speaker was. Nancy Pelosi was not at home at the time of the attack.
At 2:23 a.m., Paul Pelosi, 82, called police from the bathroom. Minutes later, officers with the San Francisco Police Department arrived at the residence and opened the door to see Paul Pelosi and DePape fighting over a hammer.
The charging document states DePape told police that "everything is good" and when told to drop the hammer he said "ummm nope" before swinging the hammer onto Paul Pelosi's head.
After DePape was arrested, police found zip ties in the residence, which the suspect told authorities he was going to use to restrain Paul Pelosi so he could take a nap.
DePape also told authorities that he didn't leave the residence after learning the police had been called because "much like the American Founding Fathers and the British, he was 'fighting tyranny' without the option of 'surrender.'"
A search of his backpack produced a roll of tape, white rope, a second hammer and a pair of rubber and cloth gloves as well as a journal.
A day after the attack, police searched a garage in Richmond, Calif., where DePape lived and seized two hammers, a sword and a pair of rubber and cloth gloves.
Electronic information seized from the garage provided law enforcement with evidence that DePape had researched the Pelosi residence as recently as Oct. 26, the same day he looked up an address associated with "Target 1," the charging document states.
During the interview with authorities, DePape is quoted as saying he used "full force" when he swung the hammer at Paul Pelosi and that he told his victim that he planned to "go through him" because he didn't "come here to surrender."
Paul Pelosi was released from hospital on Friday.
DePape has pleaded not guilty to state charges.
If convicted on the federal charges announced Wednesday, he faces a maximum sentence of 30 years' imprisonment for the assault count and 20 years for the attempted kidnapping count.
