*In a widely publicized case, Brendan Depa, an 18-year-old special needs student from Matanzas High School in Flagler County (Florida), was sentenced to five years in prison on Tuesday after a full day of hearings.
Depa pleaded no contest in February 2023 to charges stemming from a violent incident caught on video, which showed him shoving, punching, and kicking his paraprofessional after she confiscated his video game.
During the sentencing, the judge condemned the attack as a “senseless act of violence.” He stressed that this was not Depa’s first offense, mentioning that the student had a history of violent behavior and numerous battery charges in the past.
Depa’s mother, Leanne Depa, expressed her concern about her son’s fate in the prison system.
“I think he needs help, and I think he needs treatment. But I don’t think he needs to be put away in a prison where he’s going to be taken advantage of or harmed,” she stated emotionally in court.
Depa’s defense attorney argued that he should be tried as a juvenile since he was 17 years old at the time of the incident. However, the state highlighted his prior violent conduct, leading the judge to impose an adult sentence. The case’s complexity was further compounded by Depa’s special needs status and his background as a child who entered the Depa family through foster care.
The violent incident had profound repercussions for the victim, identified as Ms. Naydich. During an earlier hearing in May, she testified about the lasting impact of the attack, revealing that she now suffers from PTSD and anxiety.
“At 10 o’clock that morning, everything was taken away,” Naydich said on the stand. “My life will never be what it was before.”
Naydich also pointed out deficiencies in the school’s handling of Depa’s condition, stating that she was not informed about his triggers or provided with strategies to manage his behavior, reports WESH TV.
Leanne Depa echoed this sentiment, arguing that the system failed her son.
“He’s not a thug that was just out there and didn’t have parents who cared. It was the system that failed him, that he was placed in public school, and that once he was in there, the IEP was not followed,” she asserted, emphasizing that the use of his Nintendo Switch as a motivator led to the triggering incident.
On Tuesday, in addition to the five-year prison sentence, the judge ordered that Depa is to have no contact with Naydich. He also instructed the Department of Corrections to conduct a comprehensive mental health assessment of Depa and to develop a care plan tailored to his needs. Depa retains the right to appeal his sentence in writing.
As the hearing concluded, the case spotlighted ongoing discussions about the handling of special needs students within the public school system and the adequacy of support mechanisms to prevent such violent outbursts. The debate over whether the justice system or specialized treatment facilities are more suitable for individuals like Brendan Depa remains a contentious issue.
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