Florida teen convicted of assaulting teacher files lawsuit against district, sentencing to be continued

A Florida teenager is suing his school district after he was convicted of assaulting a teacher’s aide.

Brendan Depa filed a lawsuit against the Flagler County School District (FCSD), alleging failure to address his behavioral and mental health issues.

Depa’s attorney argued the district was aware of his conditions – which include autism, ADHD and mood disorder – and labeled him a “ticking time bomb.”

The lawsuit claims FCSD neglected to address Depa’s needs and failed to provide adequate support and training for staff at Matanzas High School, resulting in his violent outburst last February. 

Leann Depa, Brendan’s mother, said her son’s case highlights systemic issues within the school system. 

“This is happening to Brendan, but Brendan represents a lot of other kids who are in the same boat,” she told Flagler Live. “This is against the district accepting someone who they didn’t have the resources for, and they didn’t provide the resources. 

“I think it’s easy when you look at his history and you look at his size; they should have had other resources.” 

Standing 6’6” tall and weighing 270 pounds, Depa towered over his teacher’s aide, Joan Naydich. 

The brutal assault – captured on surveillance video – showed the now 18-year-old repeatedly kicking and punching Naydich as she lay unconscious on the floor. It took several faculty and staff to drag him off the motionless teacher. 

Naydich suffered five broken ribs, a severe concussion and hearing loss.  

In an interview with The New York Post, the educator said she was exiting her classroom when Depa spat in her face, called her a “whore” and attacked her from behind.  

“The last thing I remember is having my hand on the door handle,” Naydich said. “I don’t remember anything [else] until 3:30 p.m. when I came to. And at that point I was in the ER and my son and daughter were standing there.” 

Police said Depa attacked Naydich after she confiscated his Nintendo Switch during class.  

Depa plead guilty to first-degree assault in October and now faces a prison sentence ranging from three to 30 years.  

Prior to pleading guilty, Depa’s attorney claimed the teen was unable to stand trial based on his autistic diagnosis, but a court-appointed psychologist determined he was fit for trial.  

Naydich is pushing for the maximum sentence and is willing to speak in court if necessary.   

“I want to make sure he is not able to walk the streets freely,” she told local media. 

Depa’s first sentencing hearing took place on Wednesday but Circuit Judge Terence Perkins determined it would have to be finished later this month due to the number of witnesses remaining to be heard, The Daytona Beach News-Journal reported.