An autistic Florida teenager who knocked a school employee 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 punching a teacher’s assistant, Joan Naydich, at Matanzas High School after she asked another teacher to take away her game console.
Depa was arrested and charged as an adult with aggravated battery of a school employee, a first-degree felony that carries a possible sentence of 30 years behind bars.
The teen filed a due process hearing request under the Individuals with Disabilities Education Act on April 24.
It calls for a determination that Flagler County Public Schools’ actions before and after February 2023 led to the “violent incident” that Depa pleaded no contest to.
Brendan Depa, 18, filed a lawsuit against a Florida school district for failing to meet his educational needs after knocking out a school aide.
Surveillance video shows the 6-foot-6, 270-pound Depa, who was 17 at the time, knocking Joan Naydich to the ground before kneeling and punching her in the head and back.
Naydich, 59, was targeted 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 lawyers argue that school employees were aware of his “disabilities, triggers and problematic behaviors,” as well as other incidents in which he was disciplined for spitting, pushing to an assistant, ‘harassing and intimidating school staff’ and yelling at one of his teachers.
“It should be noted that the school and the staff working with it and the district knew that electronic devices, specifically the Nintendo and its use on the school campus, were a trigger for escalating behaviors,” the document reads.
Depa, who is 6’6″ and weighs nearly 270 pounds, is described as “a ticking time bomb” whose needs, despite “concerns and warnings,” were “completely ignored” by the district.
The filing claims the attack on Naydich, a 59-year-old mother of two, was the result of a ‘not attending to their needs or not having staff around them with adequate training.
“This incident began 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 his classmates.
He claims Depa “tried to defend himself” but the employees “ignored him and continued to talk about him in front of him and his classmates.”
As the teen became increasingly angry, he allegedly spat at Naydich, who “became angry and accused him of assaulting her and stormed out of the classroom, presumably to report him for assault.”
The document states that the video “shows the paraprofessional leaving the classroom and this student following her.”
The teen’s lawyers argue that school employees were aware of his “disabilities, triggers and problematic behaviors” and should have acted accordingly to mediate the situation.
The lawsuit claims the attack was a result of “failing to address his needs or not having properly trained personnel around him.”
The lawsuit seeks placement in a ‘district-paid’ behavioral therapy school, as well as 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.
He returned to work in the district, although not at the Liceo de Matanzas, where the attack occurred, in September, claiming that he had been given an ultimatum.
Depa’s lawyers, Stephanie Langer and Maria Cammarata, blamed Naydich herself, who suffered five broken ribs, a concussion and hearing loss.
‘The paraprofessional should not have interacted with the student in this way. His actions and those of the teachers caused a predictable result,” the file reads.
‘The IEP and behavior establish evidence interventions that should be used when a student misbehaves. The paraprofessional did not follow plans and use an evidence-based strategy, putting herself in a dangerous situation.
The document states that Depa has a history of “trauma and mental health problems,” noting that he was sent to a residential program for stabilization and spent almost a full year in a placement that provided 24-hour supervision and care, the 7 days a week before entering Flagler County. School District.
“As a large black student, you are subject to misperceptions and racism,” it reads.
‘He needed to be taught how his presence, even if there was no physical contact, could and would be seen as frightening 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 record describes several other incidents, including occasions in which Depa “spat at people when he was angry, upset or uncontrolled” and threatened another boy “by saying that the student should die and that he should have shot the other student.”
The teen’s attorneys are seeking compensatory education and placement in a ‘district-paid’ behavioral therapy school, as well as reimbursement for any out-of-pocket expenses, including tutoring fees and mental health services.
Depa’s sentencing is currently set for May 1.
Naydich spoke after the attack, in which the burly teenager kicked her while she was unconscious and punched her head more than a dozen times while she was on the ground.
She claimed the boy hurled insults at her, calling her ‘b****’ and ‘w****’ as she prepared to leave the room, before spitting in her face and knocking her unconscious.
The mother-of-two claimed the attack had turned her into a “totally different person” and had turned her life “upside down”.
A school spokesperson confirmed that he returned to work for the district in September, although not at Matanzas High School. Naydich claimed that he returned after receiving an ‘ultimatum’ from Flagler Schools ordering him to do so or resign.
