Hulking autistic boy, 17, filmed battering female teacher’s aide for threatening to take away his Nintendo switch files lawsuit claiming school staff ‘triggered’ him
An autistic Florida teen 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 beating up a teacher’s aide, Joan Naydich, at Matanzas High School after she asked another teacher to take away his gaming console.
Depa was arrested as an adult and charged with aggravated battery on a school employee, a first-degree felony that carries a possible sentence of 30 years behind bars.
The teen filed a request for a hearing 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” 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 knocking a school assistant unconscious
Surveillance footage shows the 6-foot-1, 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 attacked 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 allege that school officials were aware of his “disabilities, triggers and problem behaviors,” as well as other incidents in which he was punished for spitting, pushing an aide, “harassing and intimidating school staff” and shouted 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 Nintendo and its use on a school campus, was a trigger for escalating behavior,” the filing reads.
It describes Depa, who is 6 feet tall and weighs nearly 270 pounds, as “a ticking time bomb” whose needs, despite “concerns and warnings,” were “completely ignored” by the district.
The filing alleges that the attack on Naydich, a 59-year-old mother of two, was the result of a ‘the inability to meet his needs or to have staff around him with the appropriate training’.
“This incident began when a paraprofessional and the student exchanged words and the student was reprimanded in front of his peers,” the document reads.
“He was punished by being denied his electronic device, while other students were given it. The paraprofessional and the teacher began talking in front of himself and his classmates about his ability to bring electronics to school.”
It is alleged that Depa “tried to defend himself” but staff members “ignored him and continued to talk about him in front of him and his classmates.”
As the teen became increasingly upset, he allegedly spat on Naydich, who “became angry 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 outside.”
The teen’s attorneys claim that school officials were aware of his “disabilities, triggers and problem behaviors” and should have acted accordingly to mediate the situation.
The lawsuit claims the attack was the result of “an inability to meet his needs or have staff around him with proper training.”
The lawsuit seeks placement in a behavioral health school “paid for by the district,” plus reimbursement for out-of-pocket costs, including tuition and mental health services
The attack left Naydich with several broken ribs, hearing loss and a concussion
She returned to work for the district, but not at Matanzas High School, where the attack occurred in September, claiming she was given an ultimatum.
Depa’s lawyers, Stephanie Langer and Maria Cammarata, blamed Naydich himself, 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 had a predictable outcome,” the filing said.
“The IEP and behavior outline the evidence interventions to use when a student is misbehaving. The paraprofessional did not follow plans or use an evidence-based strategy, putting herself in a dangerous situation.”
The document alleges that 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 receiving the entered Flagler County. School district.
“As a large black male student, he is exposed to misconceptions and racism,” it reads.
“He had to learn how his presence, even in the absence of physical touch, could and would be seen as scary and intimidating. He had to learn how to solve problems, how to communicate and how to deal with people in positions of authority or with his colleagues.”
The filing outlines several other incidents, including times when Depa “spit at people when he was angry, upset or unruly” and threatened another boy by “saying the student should die and that he should have shot the other student.”
The teen’s attorneys are asking for compensatory education and placement in a behavioral health school “paid for by the district,” plus reimbursement for any out-of-pocket costs, including tuition and mental health services.
Depa’s sentencing is currently set for May 1.
Naydich spoke out after the attack, which saw the hulking teenager kick her while she was unconscious and punch her head more than a dozen times as she lay on the ground.
She claimed the boy shouted abuse at her and called 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 made her a ‘completely different person’ and had ‘turned her life upside down’.
A school spokesperson confirmed she returned to work for the district in September, but not at Matanzas High School. Naydich claimed she returned after receiving an “ultimatum” from Flagler Schools ordering her to do so or resign.