Brendan Depa's sentencing to be continued in Flagler County at a later date

Brendan Depa, the former Matanzas High School student recorded in a viral video beating a teacher's aide, will be sentenced today at a hearing set to start at 1:30 p.m. at the Kim C. Hammond Justice Center in Bunnell.

Depa, 18, has pleaded no contest to the charge of aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison.

Depa attacked paraprofessional Joan Naydich on Feb. 21, 2023, a beating that was caught on a school security video that went viral and drew international attention.

Depa's hearing concludes, will be continued

Circuit Judge Terence Perkins then asked Prichard that in his report he talked about conduct and actions that he described as volitional and intentional.

Perkins asked “To what extent do you believe those descriptions apply to the incident in question?” Perkins asked.

Prichard paused and said it was difficult to answer. He said stealing, running away.

Prichard said it was hard for him to say but he would say that he believes that Depa has the capacity to control his conduct certainly better than how he dealt with it then when he attacked Naydich

“I believe he had the capacity to behave differently,” Prichard said.

The hearing has concluded.

Depa's defense attorney cross examines psychologist

Defense Attorney Kurt Teifke continues his cross examination of Prichard, asking him what he learned from Depa’s family.

Prichard responded he did not rely on family members and instead reviewed the records.

Teifke asked him if he was incentivized to downplay Depa’s autism. Prichard said he did not have any incentive to do that.

Depa is sitting in his chair, slouching a little.

Depa is wearing handcuffs as he had during the entire hearing, which is routine for inmates appearing in court.

Teifke asked why he believed Depa was faking hallucinations.

Prichard said he does not know why but his opinion is that Depa is not experiencing hallucinations. Prichard said he agrees with staff at Matanzas High School and at ECHO, which both believed Depa was faking hallucinations.

Teifke asked him if he learned that Depa’s mother had mental health issues and may have inherited that from his mother.

Prichard said that’s possible, particular with a close relative.

In response to Teifke, Prichard said each individual is different and a specific plan for dealing with each individual would be the best practice.

Teifke asked him about a history of seizures and Prichard responded that it was his understanding it had been a long time since Depa had a seizure.

Prichard agreed with Teifke that Depa’s outbursts are not premeditated but rather a response to something.

Teifke told Prichard that they were there to determine what is the price to be paid for something that is the result of a disability, Teifke.

Prichard said he was not sure that was an accurate characterization.

He needs to be managed well with rules and consequences clearly spelled out, Prichard said about Depa.

Psychologist testifies that Depa is 'dangerous'

Prichard said Depa has had problems with aggression since he was a young child and that it continued when Depa started staying at ECHO, where he said they probably had to restrain him, probably in a restraint chair.

Prichard said that Depa understands the difference between right and wrong, and he believes that Depa has the capacity to control his anger, including in the Naydich case.

Prichard said that Depa is dangerous.

“This chronic aggression. It’s been occurring since he was really young,” Prichard said.

Prichard cited aggression at home; at school; in the community; at the group home Springbrook; and at Matanzas High School.

Prichard said that besides being dangerous, Depa is big at 6 feet 6 inches tall.

He said just based on Depa’s history, Depa has a high propensity for being violent in the future.

Testimony continues until 5 p.m.

Dr. Gregory Prichard, a psychologist, is now testifying for the state. He said he reviewed records about Depa and interviewed him. Prichard said he and Depa communicated very well when he interviewed him.

He said that Depa was very articulate, very thoughtful, had a good vocabulary.

He said Depa’s IQ of about 110 is at high end of average range.

He said Depa’s judgement was very good as he talked about his history and some of the mistakes he has made.

Depa told Prichard that Naydich was messing with him and picking on him and instigating the situation.

He said Depa made the statement that there were things that both of them could have done better.

Prosecutor Clark responded that Depa was still blaming Naydich. Prichard agreed.

Depa was present at an IEP meeting two days after the attack. Depa said he didn’t feel he needed a paraprofessional, like Naydich, and that she was the problem and had she not been in the class there wouldn’t have been a problem.

Prichard said that Depa told him Naydich didn’t run from him and he wasn’t sure why she didn’t try to run from him. He also told Prichard that he didn’t know why other staff had not pulled him off her quicker.

He became angry because other teachers were taking Naydich’s side. He was angry that the teachers sided with Naydich and not him and that’s what sparked the attack, Prichard said.

Prichard said Depa was autistic but there were other things happening with Depa, including oppositional defiant disorder and rage responses.

Prichard said Depa’s aggressive response is extreme and angry and not warranted to what triggered it.

Depa's sentencing to be continued later this month

Circuit Judge Terence Perkins announced at around 3:40 p.m. that given the number of witnesses remaining in the courtroom, as well as arguments from defense and prosecutor, there is not enough time to finish the sentencing today. Depa will be resentenced on a date to be determined probably in May, Perkins said.

Naydich testifies at Depa's sentencing

Naydich testified about the day of the attack. She said she had been assigned to accompany Depa. As usual, she took Depa to his cyber security class that day.

She said that  Depa had his gaming system out in the class. Depa was asked to put the gaming system away and he did. Depa later brought it out again and Naydich told him to put it away and he did. Naydich said it was time to leave and they returned without issue to his regular classroom.

Naydich also texted Depa’s regular teacher telling her that he should not be allowed to take his gaming system to the cyber security class because it was distracting other students and no one else in the classroom was allowed to have a gaming system.

Naydich said once Depa was back in the regular classroom he became upset and spit at her. She said she told him that was assault and then she went to leave. She said everything else was on the video just shown in court.

Naydich described her injuries from the beating, including five broken ribs, including three that were broken twice, front and back; a concussion; hearing loss; vision loss; rotator cuff issues; and a herniated disc. She said the concussion caused her a constant headache for the first six months, and she also had dizziness.

“It was very traumatic as far as that goes,” Naydich said.

She said she has issues with cognitive function, such as how to use a knife in her kitchen. She had to relearn what came naturally to her. She has had physical therapy.

She said she had been unable to continue her work on her associate of arts degree.

She said she has PTSD because of the attack and suffers from anxiety and panic attacks.

Naydich said she no longer works with Flagler County Public Schools. She had spent about 18 years with school system, starting out working in the cafeteria for many years.

Prosecutor Clark asked Naydich how she would like to see Depa punished. Naydich said Depa should be held accountable for what he did, that there are consequences and he is not above the rules.

Naydich said that the judge should not give in to external pressure.

Naydich said “everything” was taken away from her that day and she would never get her old life back.

Flagler Sheriff's deputy testifies, video shown of attack

Flagler County Sheriff’s Office Deputy John Landi, the school resource deputy at Matanzas High School in Palm Coast, testified next for the state. The state is showing a security video of Naydich walking down a hallway.

The video shows Depa charging out of a classroom. Another video from a different vantage point shows Depa knocking Naydich down and then repeatedly kicking and punching her. A third view shows the same beating from another camera.

Depa is sitting at the defense his left hand to his face. Depa’s attorney is now talking to him.

Landi said Naydich lost consciousness.

Landi said as they escorted Depa away they had to walk past Naydich.

Landi’s body camera recorded sounds of Depa sptting toward Naydich, the deputy said.

Then the body camera recorded Depa yelling : “Stupid (expletive) I’m going to (expletive) kill you.”

Landi said that Depa told him that “if he comes back he would murder her.”

Landi said that at no time in his presence did Depa expressed that he was sorry or express any concern for Naydich.

Sentencing hearing for Depa begins with first witness

The hearing has begun Brendan Depa sat at the defense table next to his attorney. He cupped his hands around his nose as if he was praying but unclear if he was. The judge asked if he needed more time and his attorney said no.

The first witness for the prosecution, Dr. Suzonne Kline, the chief of mental health services for the Florida Department of Mental Health, is now testifying about the mental health care provided by the state prison system. She said all prison inmates are evaluated for any mental health needs. Assistant State Attorney Melissa Clark probably called Kline to testify in anticipation of a possible defense argument that Depa cannot receive the treatment he needs in prison.

Depa wearing the standard issue orange jail jumpsuit is sitting back in his seat watching.

Kline said “absolutely” the prison system has housed inmates diagnosed with autism.

“We are trying to treat the symptoms whatever they might be,” Kline said.

Clark listed other disorders she said had been listed in Depa’s case, including intermittent explosive disorder, and asked if the prison system could treat those. Kline said yes.

Kline said Depa would be maintained on the mental health caseload for the duration of his term if he is sent to prison.

Defense attorney Kurt Teifke is now asking her about the process. He is asking her whether inmates can refuse treatment. Kline said they can but they will continue to ask the inmate whether they want treatment. Teifke questions whether the prison system has enough staff to review thousands of pages of records. She said a contract provider is responsible to do that.

Teifke asked whether they are aspiring for constitutionally adequate care as the corrections department states in its mission statement.

"It's not the boldest mission statement," Tiefke said.

She agrees and said that has to be updated.

Preparing for sentencing

Advocate fights the 'school to prison pipeline' 

Umar Johnson, president of the National Movement to Save Black Boys and the National Independent Black Parent Association, waited outside the Kim C. Hammond Justice Center in Bunnell for the start of the Depa's sentencing.

He said he is a certified school psychologist and holds a doctorate in clinical psychology. He also said he is currently a parent advocate.

“I help parents fight back against the psycho academic holocaust popularly known as the school to prison pipeline,” Johnson said. "And I am here because what is happening to Brendan Depa, in my opinion, is a gross act of injustice, a complete violation of his 14th Amendment rights, and I also believe it is a complete violation of his federal and state special education rights.”

He said he does not excuse the assault on Joan Naydich.

“Racism and race play a significant role in this execution and not physical execution, legal execution of Brenda Depa,” he said.

Depa enters no-contest plea 

Depa entered a no-contest plea Oct. 30 on the charge of aggravated battery.

The open plea means Depa's defense attorney has not reached any agreement with prosecutors on a possible sentence.

The no-contest plea means the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty, according to law.

What were Joan Naydich’s injuries? 

Naydich said she suffered two broken ribs and multiple bruises according to a petition for an injunction for protection she filed against Depa on Feb. 27.

Besides the injuries mentioned in the petition, Naydich says she suffered a concussion and a brain injury due to Depa’s attack. Circuit Judge Christopher France issued the permanent injunction on March 8.

Naydich spoke to The News-Journal in November about the attack and her recovery.

“Nothing's worse than having people all day long go, ‘Oh, my God. I saw the video! Are you OK?’ Naydich told the news outlet. “How could anybody be OK after that? You know, I am definitely not OK after that.”

Where is Brendan Depa now? 

When Depa turned 18 on Aug. 22, 2023, he was transferred from the Department of Juvenile Justice to the Flagler County jail where he has remained ever since.

What was Brendan Depa charged with? 

Depa was 17 when he brutally attacked Naydich and was charged as an adult with felony aggravated battery with bodily harm. He was taken to the Sheriff Perry Hall Inmate Detention Facility and later turned over to the Department of Juvenile Justice where he was held on $1 million bond.

Depa had three previous battery charges, according to juvenile justice records.

This article originally appeared on The Daytona Beach News-Journal: Brendan Depa's sentencing in Matanzas attack to be continued