Teen with Autism Sentenced to 5 Years for Beating Teacher

The student pushed the teacher to the ground, knocking her unconscious, and then continued to hit her more than a dozen times.
Published: August 12, 2024

UPDATE 8/12/23:

PALM COAST, Fla. — A teen who violently attacked his aide at Matanzas High School last year was sentenced to five years in prison and 15 years probation.

Circuit Judge Terence Perkins ordered 18-year-old Brendan Depa, who has autism and has been diagnosed with several other mental health disorders, to receive a full mental health evaluation and treatment once in the state prison system, reports the Daytona Beach News-Journal. He will receive credit for 17 1/2 months served as he awaited sentencing.

Depa was 17 on Feb. 21, 2023, when he attacked Joan Naydich, a paraprofessional who was assigned to him. Surveillance video shows Depa rushing toward the victim and violently shoving her to the ground, knocking her unconscious. He then jumped on top of her and kicked and punched her in the back and the head about 15 times.

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Judge Considers Student’s Size, History of Violence in Sentencing

Depa has the emotional maturity of a six-year-old, according to Leanne Depa, his adoptive mother. However, Perkins noted mental health experts testified Depa knows the difference between right and wrong and is capable of controlling his anger.

Perkins also said Depa’s physical growth has made him more dangerous to those around him. Depa was listed as 6’6″ tall and weighing 270 pounds in the charging affidavit. Perkins said Naydich suffered five broken ribs, a concussion, herniated discs, headaches, vision and hearing losses, and PTSD from the attack.

“What would have happened had Mr. Depa not been pulled off her, I don’t want to even imagine,” he said.

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Perkins also noted Depa’s violence has escalated over the years and that the attack against Naydich was not an “isolated event.” In 2019, Depa was charged twice with battery. He was also violent and aggressive toward staff and residents at the group home he lived in, said Perkins, and had been in an “extremely aggressive fight” in Dec. 2021 on a school bus.

“[The latest attack] shows the progression and violence that Mr. Depa was exerting among those that were around him,” Perkins said. “And Mr. Depa has never expressed not even a single bit of remorse before this court in any of our many court proceedings — not once, with regard to remorse.”

Teen Writes Apology Letter

Depa wrote an apology letter before his sentencing but it was not read at the hearing, according to NewsNation.

“Many people have claimed that I feel no remorse for the incident of last year and that I don’t take responsibility for my actions. This is not true; I am extremely sorry for injuring Ms. Joan so severely and I am happy to see the injuries I inflicted did not leave any permanent scars or bruises. In addition, I recognize what I did was wrong and take responsibility for my actions. I deeply regret allowing my emotions to get the best of me and letting things happen the way that they did,” reads the letter, which was shared by Gene Lopes, Depa’s tutor. “I believe what I did should not define who I am. In a choice between letting this incident destroy, define, or strengthen me, I have chosen to let it strengthen me. During my incarceration, I have learned coping skills to ensure something like this never happens again. I have grown and matured in ways otherwise impossible, making me not happy I have been incarcerated but none the less grateful. My eyes have been open to skills and strategies I would otherwise have been blind to. I made a mistake – one I will never let happen again — and I am sorry.”

Lopes said he did not edit or change a word of the letter.

“He wrote this himself. Brendan is a gifted writer, as you can see from this. So this was all him,” he said. “I would have Brendan in my house in a second. Everything I’ve done has been working. He’s accepted this. He has been a blessing to me.”

Mother, Defense Attorney: Flagler County School District Failed Student

Many have voiced opinions that Depa should be in a special living facility and not a prison due to his disabilities.

“He is disabled. He can’t navigate the world like you and I can,” said Kurt Teifke, Depa’s defense attorney, noting he will not receive the necessary treatment in state prison.

During the sentencing, Perkins said that an expert testified that the violence was not related to autism.

“It doesn’t cause it,” he said. “Violence, bullying, or aggression are not associated with the autism spectrum disorder.”

Leanne Depa told NewsNation that she has received written letters from a hospital and group home that are “willing to accept him” as an alternative to serving prison time.

“I really don’t think he understands what he’s facing,” she said. “He’s scared. To have your child call and cry and say, ‘I don’t want to die’ — it’s awful.

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However, Teifke said school officials met after the incident and determined Depa’s attack was a “manifestation of his disability,” citing testimony that the district had not followed an individualized education plan for Depa or heeded warnings about triggers that could upset him, such as his electronics.

Naydich testified during the first part of the sentencing on May 1 that she had texted Depa’s teacher to say he shouldn’t be allowed to bring his gaming device to class because it was disrupting other students. Depa attacked Naydich in the hallway shortly after.

After the hearing, Leanne Depa said the school district failed him by not following his behavioral plan.

“I think he needs help. Absolutely. But I don’t think he needs to be put away in a prison where he is going to be taken advantage of,” she said. “They are punishing that he is Black, they are punishing that he is large and they are punishing his disability.”

When asked about whether she holds the school or Depa more accountable for the assault, Naydich said she blames everyone involved.

“At the end of the day, he’s the one that chose to exit that classroom, come after me and almost take my life,” she said.

Dr. Jeff Gardere, a psychologist, told NewsNation that Depa and Naydich are both victims.

“This is about the failing of our society, the failings of the schools. This is a person with severe autism. This is the diagnosis in addition to other mental health issues,” he said. “So if you see aggression here, it’s because we’re not taking care of the needs of this individual.”


PREVIOUS POST 3/1/23:

DAYTONA BEACH, Fla. — A 17-year-old student is facing felony assault charges for attacking a Matanzas High School employee after she took away his gaming device.

Video released by law enforcement shows the teen rush toward the paraprofessional and violently shove her to the ground, knocking her unconscious, reports USA Today. The boy, who stands 6’6″ tall and weighs 270 pounds, then jumped on top of her and kicked and punched her in the back and the back of the head about 15 times, according to a charging affidavit.

Several people were seen struggling to pull the student off the victim but were eventually able to restrain him following the 25-second attack. He was escorted from the area and later placed in custody.

As the student was led away in handcuffs, body camera video shows he spit twice toward where the victim was receiving medical treatment and yelled that he would kill her.

The victim was taken to a hospital to be treated for severe injuries and has since been released. According to a GoFundMe page set up to help the victim, she is recovering at home after the attack.

“This could have been a homicide. When you push people down like that, they hit their head, you never know the outcome,” Flagler County Sheriff Rick Staly said of the attack. “Thankfully, students and staff members came to the victim’s aid before the school resource deputies could arrive.”

The student has been charged as an adult with felony aggravated battery with bodily harm, a first-degree felony punishable by up to 30 years in prison. He is being held on $1 million bail at the Flagler County Jail. Several sources report the student has special needs.

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