Florida high school student A man with autism accused of violently attacking a teacher’s colleague over a Nintendo game has filed a shocking lawsuit against the school district, accusing it of failing to intervene to address his bad behavior, even though It has been called a “ticking time bomb”.
Brandon Depa, 18, has filed a lawsuit against Flagler County Public Schools, accusing the district of failing to meet his needs in the wake of the shocking Feb. 21 incident, which was captured on video and has gone viral. Went.
Depa was 17 years old when he allegedly attacked Joan Naydich, a teacher’s aide at Matanzas High School in Palm Coast. Surveillance video released by Flagler County Sheriff’s Office The 6-foot-6-inch, 270-pound student is reportedly shown running at the teacher’s aide, pushing him to the ground and then continuing to punch him.
Florida teacher’s aide attacked in viral video, student speaks out before sentencing
A teacher rushes to help Joan Naydich, who is lying on the floor and being beaten by Brendan Depa. (Flagler County Sheriff’s Office)
The teacher’s aide is observed on the ground for several minutes before getting up with the help of others.
Naidich told fox 35 orlando The beating resulted in five broken ribs, severe concussion, loss of hearing in one ear and other problems.
The incident erupted when Depp was refused permission to use the Nintendo Switch console.
The complaint alleges that the district failed to address Depa’s disabilities through an appropriate behavior plan on multiple occasions, which ultimately led to the assault.
“The district must be held accountable for its failures that forever changed the course of this young man’s life,” the lawsuit reads in part.
It says he has a history of trauma and mental health issues, as well as multiple disabilities that impact him in a school setting.
“(Depa) is smart, but he has been diagnosed with a disease autism spectrum disorder And there is a lack of communication that was not addressed properly. His explosive temperament was also ignored and his need for social and behavioral language intervention was not adequately addressed,” the lawsuit reads.
The complaint alleges that the school ignored Depa’s need for social and “pragmatic language intervention” and should have provided him with direct instruction on how to problem-solve and express himself.
For example, he spit on one student and verbally threatened another student by saying that the student should die. He also said that he should have shot a student. The lawsuit argues that the school did not properly handle those incidents.
Florida student files petition in viral video attack on teacher
Joan Naydich is seen in court as Brendan Depp is taken back to the cell on March 9, 2023. At the court hearing, Naydich sought a permanent injunction against Depa. (David Tucker/News Journal/USA TODAY Network)
“Had these issues been addressed in real time, (Depa) would not have harmed the paraprofessional and he would not have been arrested and served a long time in jail,” the complaint reads.
The lawsuit alleges that a teacher’s aide and Depa exchanged words and then the student was scolded in front of his peers, ultimately depriving him of a Nintendo, although other students were allowed to have one.
According to the filing, the school, staff and district knew that Nintendo and its use on school premises was a “trigger for escalating behavior” that prompted Depa to spit on Naidich.
When Naidyk walked out of the classroom to report the attack on him, Depa followed him and began his vicious attack.
The teen has filed a request for a due process hearing under the Individuals with Disabilities Education Act. It calls for a determination that Flagler County Public Schools’ activities before and after February 2023 led to the violent incident.
A spokesperson for Flagler Schools told FOX 35 Orlando the district is not commenting on the complaint.
Depa, who is being charged as an adult, pleaded no contest late last year to a first-degree felony charge of impersonating an elected official or education employee, which carries a sentence of up to 30 years in prison. There could have been a jail sentence. His sentencing is scheduled for May 1, Fox 35 reports.
Brendan Depa with his lawyers in court last year. Depa has filed a shocking lawsuit against the school district, alleging it failed to intervene to address his bad behavior because he was a “ticking time bomb.” (David Tucker\News Journal/USA TODAY Network)
Naydich has denied snatching the Nintendo Switch from Depa and that he was actually angry because another staff member was not allowing him to play it.
Naydich says that in addition to the physical injuries, she has faced financial and emotional obstacles since the attack.
“Unfortunately, a lot of my injuries that are not visible, I will carry with me for the rest of my life,” Naidich previously explained. fox 35 orlandoReferring to slow speech, patience issues and “difficulty with what she perceives as routine cognitive tasks”.
“Everyone who knows me or knew me (before the attack) knows that I am a completely different person now. My whole life was turned upside down.”
Click here to get the Fox News app
In March 2023, Naidych was granted a permanent injunction against Depa to protect him from repeated violence.
Court documents obtained by Fox News Digital show that Depa has three prior misdemeanor battery chargesIn March 2019, April 2019 and June 2019. All misdemeanor charges stem from the 13th Judicial Circuit, which is based in Hillsborough County.
For those charges, court records show Depa completed a program within the Department of Juvenile Justice.
Fox News’ Pilar Erice and Adam Sabes contributed to this report.
