1 week ago
.png)
An autistic Florida teen who knocked a school staffer unconscious for threatening to take away his Nintendo Switch has filed a lawsuit against the district, accusing them of failing to meet his needs.
Brendan Depa, 18, was just 17 when he was caught on video pummeling a teacher's aide, Joan Naydich, at Matanzas High School after she requested another teacher take away his gaming console.
Depa was arrested and charged as an adult with aggravated battery on a school employee, a first-degree felony carrying a potential sentence of 30 years behind bars.
The teen filed a request for due process hearing under the Individuals with Disabilities Education Act on April 24.
It asks for a determination that Flagler County Public Schools’ actions before and after February 2023 led to the 'violent incident' to which Depa pleaded no contest.
Brendan Depa, 18, has filed a lawsuit against a Florida school district for failing to meet his educational needs after he knocked a school aide unconscious
Surveillance video shows 6'6', 270-pound Depa, who was 17 at the time, knocking Joan Naydich to the ground before kneeling down and punching her in the head and back
Naydich, 59, was subjected to the attack after telling a teacher to take away Depa's Nintendo Switch console, which was distracting him during class
In court documents reviewed by DailyMail.com, the teen's attorneys argue that school employees were aware of his 'disabilities, triggers and problem behaviors,' as well as other incidents where he was disciplined for spitting, shoving an aide, 'harassing and intimidating the school staff' and shouting at one of his teachers.
'It should be noted that the school and staff working with him and the district knew that the electronics, specifically the Nintendo and its use on a school campus was a trigger for escalating behaviors,' the filing reads.
It describes Depa, who stands at 6'6" and nearly 270 pounds, as 'a ticking time bomb' whose needs, despite 'concerns and warnings,' were 'completed disregarded' by the district.
The filing claims the attack on Naydich, a 59-year-old mother of two, was the result of a 'failure to address his needs or have staff around him with the proper training'.
'This incident started with a paraprofessional and the student exchanging words and the student being reprimanded in front of his peers,' the document reads.
'He was punished by being denied his electronic device, even though other students were allowed theirs. The paraprofessional and the teacher began discussing his ability to bring electronics to school, in front of him and in front of his classmates.'
It claims Depa 'attempted to defend himself,' but the staffers 'ignored him and continued to talk about him in front of him and his classmates'.
As the teen grew increasingly upset, he allegedly spat on Naydich, who 'got mad and accused him of assaulting her and stormed out of the classroom presumably to report him for assault'.
The document claims the video 'shows the paraprofessional leaving the classroom and this student following her out'.
The teen's attorneys argue that school employees were aware of his 'disabilities, triggers and problem behaviors' and should have acted accordingly to mediate the situation
The suit claims the attack on was the result of a ' failure to address his needs or have staff around him with the proper training'
The suit seeks placement in a behavioral therapeutic school 'paid for by the district,' plus reimbursement for out-of-pocket costs including tutoring fees and mental health services
The attack left Naydich with several broken ribs, hearing loss and a concussion
She returned to work for the district, though not at Matanzas High School, where the attack took place, in September, claiming she was given an ultimatum
Depa’s attorneys, Stephanie Langer and Maria Cammarata, placed the blame on Naydich herself, who suffered five broken ribs, a concussion and hearing loss.
'The paraprofessional should not have interacted with the student in this manner. Her and the teachers actions caused a predictable outcome,' the filing reads.
'The IEP and behavior set out the evidence interventions that should be utilized when a student misbehaves. The paraprofessional did not follow the plans and did not utilize an evidence based strategy putting herself in a dangerous situation.'
The document asserts Depa has a history of 'trauma and mental health issues,' noting that he was sent to a residential program for stabilization and spent nearly a full year in a placement that provided 24/7 supervision and care before he entered the Flagler County School District.
'As a large black male student, he is subjected to misperceptions and racism,' it reads.
'He needed to be taught how his presence, even if there was no physical touch, could and would be seen as scary and intimidating. He needed to be taught how to problem solve, communicate and interact with people in positions of authority or with his peers.'
The filing outlines several other incidents, including times where Depa 'spit at people when he was mad or upset or unregulated' and threatened another boy by 'saying that the student should die and that he should have shot the other student'.
The teen's lawyers requests compensatory education and placement in a behavioral therapeutic school 'paid for by the district,' plus reimbursement for any out-of-pocket costs including tutoring fees and mental health services.
Depa's sentencing is currently set for May 1.
Naydich spoke out after the attack, which saw the hulking teen kicking her while she was unconscious and punching her head over a dozen times while she was on the floor.
She claimed the boy lobbed slurs at her, calling her 'b****' and 'w****' as she prepared to leave the room, before spitting in her face and knocking her out.
The mother-of-two claimed the attack had rendered her a 'totally different person' and turned her life 'upside down.'
A school spokesperson confirmed that she was back to working for the district, though not at Matanzas High School, in September. Naydich claimed she returned after receiving an 'ultimatum' from Flagler Schools ordering she do so or resign.
