A Florida teenager has been sentenced to five years in state prison after being caught on video assaulting a teacher’s aide who took away his Nintendo Switch. 18-year-old Brendan Depa was sentenced on August 6 to five years in prison and 15 years probation, according to sentencing documents from the Seventh Judicial Circuit Court in Flagler County.
Judge Terence Perkins, who presided over the case, also ordered the Department of Corrections to conduct a comprehensive mental health assessment of Depa and develop a care plan tailored to his needs. Additionally, Depa is barred from any contact with the victim, Joan Naydich, the teacher’s aide he assaulted.
During the sentencing, Judge Perkins noted that Depa had not shown remorse for his actions and highlighted the teenager’s prior history of violence. This lack of remorse and previous behavior contributed to the severity of the sentencing.
Depa, who has autism, pleaded no contest to one count of aggravated battery on an elected official or education employee in connection with the assault that occurred in February 2023 at Matanzas High School. The case garnered significant attention after a video of the incident was presented in court. The footage shows Naydich attempting to confiscate Depa’s Nintendo Switch before he reacted violently. Depa can be seen charging at Naydich, knocking her to the ground, and repeatedly kicking and punching her. The attack left Naydich unconscious.
In her court testimony, Naydich described the profound impact the assault had on her both physically and mentally. She reported developing anxiety and post-traumatic stress disorder as a result of the attack. “My life will never be what it was before,” Naydich stated in court. “Brendan Depa’s actions that day caused me to lose a job that I had for almost 19 years, lose my financial security, and lose my health insurance.”
Despite the gravity of the situation, Brendan’s mother, Leanne Depa, has expressed criticism of the sentence. She alleged that the sentencing was influenced by racial bias, physical size, and her son’s disability. “They are punishing that he is Black, they are punishing that he is large, and they are punishing his disability,” Leanne Depa said, according to NBC News and the Daytona Beach News-Journal. She also contended that the school failed to enforce the behavioral plan that had been developed for her son, and expressed concern that her son needed help rather than incarceration. “He needs help, not to be put away in a prison where he’s going to be taken advantage of or harmed,” she added.
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Judge Perkins addressed the possibility of an appeal, indicating that Depa has the option to challenge the sentence. This opportunity for appeal allows Depa to seek a review of the court’s decision, potentially altering his sentence or the terms of his probation.
The case has drawn significant attention due to the nature of the assault, the defendant’s background, and the impact on the victim. As Depa begins his prison sentence, both the legal community and the public continue to reflect on the broader issues of justice and support for individuals with disabilities.
