A new filing by Brendan Depa’s lawyers allege malpractice by the school district and the women Depa assaulted
An autistic teenager who brutally smashed a staffer at his school when she threatened to take away his Nintendo Switch is now suing the school district. Brendan Depa’s lawsuit alleges that his needs were not met and that he was “subjected to misperceptions and racism” as a “large black male.”
Depa, who is now 18, was 17 when he assaulted Joan Naydich at Matanzas High School in Florida after she asked another member of staff to take away his games console. He stands 6’6” tall and weighs 270lb.
Depa was arrested and charged as an adult with first-degree felony aggravated battery, which carries a maximum sentence of 30 years.
In legal documents seen by DailyMail.com, Depa’s attorneys allege school staff were well aware of his “disabilities, triggers and problem behaviours” and the fact that he had been discipline before for spitting, and shoving, harassing and intimidating staff.
The documents describe Depa as a “ticking time bomb” whose needs were “completely disregarded” by the school district.
“This incident started with a paraprofessional and the student exchanging words and the student being reprimanded in front of his peers,” the document claims.
“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 in front of his classmates.”
Naydich is directly blamed for the assault, which left her with five broken ribs, concussion and hearing loss.
“The paraprofessional should not have interacted with the student in this manner. Her and the teachers actions caused a predictable outcome.”
“The paraprofessional did not follow the plans and did not utilize an evidence based strategy putting herself in a dangerous situation.”
The filing notes that “as a large black male student,” Depa is “subjected to misperceptions and racism.”
Instead of being punished, the filing continues, Depa “needed to be taught how his presence, even if there was no physical touch, could and would be seen as scary and intimidating. He needed to be taught how to problem solve, communicate and interact with people in positions of authority or with his peers.”
Naydich has since returned to teaching, but not at Matanzas High School. She says the attack has left her a “totally different person” and turned her life “upside down.”
Depa is due to be sentenced on 1 May.
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