(04-29-2024 11:53 AM)CrimsonPhantom Wrote:  Florida student accused of violent attack on teacher's aide files lawsuit blaming school for incident

Quote:On Wednesday, the then-17-year-old Florida student who was arrested after he assaulted a teacher's aide for taking his Nintendo Switch filed a complaint against Flagler Schools with the Florida Department of Education which blamed the school for the incident.

While Brendan Depa pleaded no contest to "aggravated battery of a school employee," his attorney Stephanie Langer told FOX 35 the incident was avoidable.

According to the complaint, Depa is a student with "Emotional Behavioral Disorder, Intermittent Explosive Disorder, Mood Disorder, and ADHD" and that "had the student's needs been properly addressed and had the staff around him been properly trained, this incident would not have occurred."

"What we saw was a complete failure to do any evidence-based intervention practices to change his problem behaviors as identified by the school district," Langer said. "It's not about negating what he did or excusing what he did, but it's holding the system accountable to make sure that kids get the support and services they need, so we never have another Brendan who goes out and hurts a paraprofessional or hurts anybody."

"Had the school system acted in the right way, this incident would never have happened, and the 17-year-old, now 18 years old, would not … be in jail today and would not be facing such significant penalties for his conduct that day," she claimed.

Video from the attack made national news in February 2023 after "a school resource deputy was notified that a teacher's aide had been physically attacked on campus. Officials said the woman was unconscious, bloody, and had severe injuries."

The arrest reports at the time noted that the then-17-year-old said that he would "beat her up every time she takes away his game," and that "when he comes back he is going to kill her."

The victim of the incident, teacher's aide Jaon Naydich told the outlet, "My whole life was just turned upside down."

"Unfortunately, a lot of my injuries that are not visible … I'm going to have for the rest of my life," she added.

Depa's complaint alleges that Naydich, "did not follow the plans and did not utilize an evidence-based strategy putting herself in a dangerous situation. An avoidable situation."

I saw this yesterday and I kind of expected it. Lost in all this is the poor teacher aide who will never be the same. But she’s irrelevant because the school didn’t do enough to protect the 6’6 giant who attacked her. It’s no wonder people are leaving education by the thousands.

They are trying to say he is "behaviorally disabled". Jails and prisons are full of people like that. Back in my day they were just dumb SOBs. 40 years ago when I was in school the "slow" kids made up about .5% of the school. Today it is like 1 in 12. What are they putting in formula. And why do so many kids have food allergies. I didn't know anyone that was allergic to food coming up.

(04-29-2024 02:54 PM)Eagleaidaholic Wrote:  They are trying to say he is "behaviorally disabled". Jails and prisons are full of people like that. Back in my day they were just dumb SOBs. 40 years ago when I was in school the "slow" kids made up about .5% of the school. Today it is like 1 in 12. What are they putting in formula. And why do so many kids have food allergies. I didn't know anyone that was allergic to food coming up.

All the vaccines.

Just my opinion.

Oh and all the fast food/junk food too.

(03-01-2023 09:10 AM)Bear Catlett Wrote:  I always love the lilly livered flower child running to the defense of a criminal.

She probably wailed and gnashed teeth when Roe v. Wade got overturned too.

Yea, not much trouble figuring out which picture was the "Advocate".

Good thing this thug decided to do this in Fl., cause now he gets all the "Me" time he'd like.

Be a little different kind of Switch of course but hey, FAFO.

Suing school districts is all they do.

https://langerlawpa.com/team/

(03-01-2023 09:10 AM)Bear Catlett Wrote:  I always love the lilly livered flower child running to the defense of a criminal.

She probably wailed and gnashed teeth when Roe v. Wade got overturned too.

You are right about her.

However, schools sometimes throw really problematic kids into regular classes for the teachers to deal with. There are kids with known psychiatric or psychological problems that should not be in regular classes and need to be in sort of specialized program instead of disrupting the normal kids education and making life hell for regular teachers and their assistants.

I’m not saying that’s him, he could just be a dip$hit who won’t listen and still acts like a 5 year old.

If I could design a school (not sting this is realistic) the normal classes would be a privilege you have to earn. The people who act up there or don’t want to learn get sent to some nightmare boot camp scenario with corporal punishment.

Then, if you’re good there, you may earn your way back.

(04-29-2024 02:54 PM)Eagleaidaholic Wrote:  They are trying to say he is "behaviorally disabled". Jails and prisons are full of people like that. Back in my day they were just dumb SOBs. 40 years ago when I was in school the "slow" kids made up about .5% of the school. Today it is like 1 in 12. What are they putting in formula. And why do so many kids have food allergies. I didn't know anyone that was allergic to food coming up.

It’s because we are living in a warped experiment. Whoever is in charge is feeding us, injecting us, boiled frogging us in some bizarre mass control laboratory.

And the outcomes don’t look promising. Whatever they are doing to us is certainly showing results. What was intended? No sure.

(04-29-2024 06:51 PM)Todor Wrote:  

(03-01-2023 09:10 AM)Bear Catlett Wrote:  I always love the lilly livered flower child running to the defense of a criminal.

She probably wailed and gnashed teeth when Roe v. Wade got overturned too.

You are right about her.

However, schools sometimes throw really problematic kids into regular classes for the teachers to deal with. There are kids with known psychiatric or psychological problems that should not be in regular classes and need to be in sort of specialized program instead of disrupting the normal kids education and making life hell for regular teachers and their assistants.

I’m not saying that’s him, he could just be a dip$hit who won’t listen and still acts like a 5 year old.

If I could design a school (not sting this is realistic) the normal classes would be a privilege you have to earn. The people who act up there or don’t want to learn get sent to some nightmare boot camp scenario with corporal punishment.

Then, if you’re good there, you may earn your way back.

I think he was already in a special class when this occurred.

"special" such bull**** for a violent, repeated aggressor, sub-85 invalid.

6'6" monster schoolboy learns his fate for beating up tiny female school aide for taking his Nintendo Switch

Quote:The monster special needs student who pummeled his teacher after she took his Nintendo Switch has been sentenced to five years in a Florida state prison.

Brendan Depa, who was 17 at the time of the beating, tackled teacher's aide Joan Naydich, 59, in February 2023 and unleashed dozens of punches to her body and head, leaving her seriously bruised and unconscious.

Depa, who is 6'6' and 270 pounds, has become a legal adult since the brutal attack he perpetrated at Matanzas High School in Palm Coast, Florida, a moderately sized town near Daytona Beach.

He pleaded no contest to the aggravated battery charges against him October and was originally due to be sentenced in May 2024, but the judge delayed the hearing so he could hear from more witnesses.

Arguably the most crucial testimony came from Naydich herself, who told the court: 'Brendan Depa's actions that day has caused me to lose a job that I had for almost 19 years, lose my financial security, lose my health insurance.'

Naydich, a mother of two, has previously called for her teenaged attacker to be locked up for the maximum sentence of 30 years.

But the decision from Judge Terence Perkins to give Depa 25 years less than that could have do with the exculpatory testimony that came from his mother and arguments from his defense team.

Leann Depa, his adoptive mother, said she had warned the school about her son's laundry list of triggers.

According to her, 'electronics' was his biggest trigger.

'I had told the school that being hungry was a trigger, that noise was a trigger, that being told no was a trigger, that being corrected in front of other people was a trigger, and electronics was a huge trigger,' she said on the stand.

Lawyers representing him filed a separate lawsuit against the school district for negligence, wherein they described Depa as 'a ticking time bomb.'





On the day of the attack, Naydich requested another teacher take away Depa's gaming console, a Nintendo Switch.

When Depa found out, he allegedly called her a b**ch and a w**re and spat at her as she left the classroom.

That's when a school surveillance camera captured him following her out and ramming into her, sending her tumbling to the ground.

Naydich was completely limp after she was knocked to the floor, but a rage-filled Depa didn't quit, punching her in the head and back 15 times.

Her injuries included five broken ribs, a concussion and a loss of hearing. Pictures released after the beatdown show gashes on the aide's cheek, bruising around the eyes, one blood shot eye, a dent in her nose and a tear at the back of her ear.

Naydich said the worst injuries are internal and that the attack deeply affected her cognitive functions.

'Unfortunately, a lot of my injuries that are not visible I'm going to have for the rest of my life,' she said.

Depa's attorneys tried to turn it around on her, claiming that Naydich failed to address the autistic boy's unique needs and wasn't properly trained to handle him.

Kurt Teifke, one of Depa's lawyers, reportedly referred back to prior testimony that suggested the assault was a manifestation of his disability

'It's not his fault,' Teifke said.

Judge Perkins didn't buy it, citing the brutality captured in the video and adding that Depa's attack on Naydich was not an isolated incident.

'It captures the senseless, extreme violence in a very troubling way,' Perkins said, commenting on the video.

In his sentencing, Perkins also cited testimony from a state witness, a psychologist, who said Depa knew what he did was wrong.

Depa's mother pleaded with the judge to let her son serve house arrest.

'I knew Brendan and I knew his triggers and I knew his needs and his strengths and I beg you to let him come home with me,' she said.

After her son was sent to prison, she told reporters he is being punished for being black, for being large and for being disabled.

Perkins instead ordered that the Florida Department of Corrections conduct a full mental health evaluation of Depa and develop a treatment plan for his disabilities, the Daytona Beach News-Journal reported.

Once he finishes out his five year sentence, Depa will be subject to 15 years of supervised probation.

An autistic kid in jail, that's probably not going to end well.

15 years of supervised probation...like that's gonna work. He'll be back for beating up someone else. He got off easy.

(08-07-2024 01:34 PM)fsquid Wrote:  An autistic kid in jail, that's probably not going to end well.

True. But he was not in-jail before, and how did that go?

Not claiming there are any easy answers here, or that incarceration is a “good” result. But even so, I think it is the least-bad result that we have.

Sooner or later, people will have to accept the reality that government cannot fix all the problems, and not everyone is going to have a happy ending. I wish it were different, I really do.

The inmates in the Florida State prison will help him with his trigger problems.

15 years probation aint going to be a cakewalk for him. Gotta report, no drugs, gotta get a job, gotta get his ged or skill certificate. Those are usually the minimum. Also, not pick up any more indictments. Fail on any of those in front of a good judge, and you are doing some time in jail waiting for a bond hearing at a minimum.

Unless he ends up in a pansy ass judges courtroom for parole violations, he will end up doing time. For 15 years he will have a 5 year sentence hanging over his head.

But yes, that should have been coupled with at least 6 months in jail. It could have been a state jail versus the prison system.