Petition: Ex-Matanzas High student in viral video attack of teacher's aide was 'time bomb'

Attorneys for Brendan Depa, the former Matanzas High School student whose beating of a teacher’s aide was captured in a viral video, wrote in a petition that the school district failed to meet his needs even though he was “a ticking time bomb.”

The petition also blames the district for the attack and the criminal charges that followed.

Depa's civil attorneys, Stephanie Langer in Miami and Maria Cammarata in Fort Lauderdale, filed the petition Wednesday with the Flagler County School District.

It claims the district committed violations resulting in “significant harm” to Depa. It asks that Depa receive “compensatory education” and that the district pay for his placement in a behavioral therapeutic school for students with severe disorders. It also seeks attorneys' fees.

The district’s failure to address Depa’s disabilities, triggers and problem behaviors, which were well-known, led to the 2023 attack on paraprofessional Joan Naydich, the petition states. The beating was caught on a school security video and drew international attention.

“The district should be held to account for its failures which have forever changed the trajectory of this young man’s life,” the petition states.

A Flagler County School District spokesperson declined comment. Superintendent LaShakia Moore did not respond to an email seeking comment.

Timeline in the case of Brendan Depa, ex-Matanzas student accused of beating teacher's aide

Depa diagnosed with disorders, autism spectrum

The petition states that Depa has emotional behavioral disorder, intermittent explosive disorder, mood disorder and ADHD. Depa has also been diagnosed with autism spectrum disorder.

After Depa was Baker-Acted several times in Hillsborough County, he spent nearly a year in a residential program in South Carolina, according to Langer and the petition.

Depa enrolls at Matanzas High School

Matanzas High School evaluated Depa Feb. 12, 2021, before he started attending classes in March. The psychological evaluation noted that a private psychological report provided by his parents' stated Depa “has been observed to have destructive and aggressive behaviors and acting without thinking … he has excessive mood swings, temper tantrums, angers easily and threatens others.”

On March 3, 2021, Depa was determined to be eligible for an individualized education plan, or IEP, as "other health impaired" and "emotional behavioral disorder." A board-certified behavior analyst who oversaw Depa at his group home attended the IEP meeting and said Depa tried to assault staff and students four different times and needed to be restrained by adults during the first month. Depa also destroyed property when upset, the analyst said.

“It is unclear why Flagler did not place him in a more restrictive placement,” the petition states.

Petition: Autism spectrum disorder 'not properly addressed'

At the Dec. 7, 2021, IEP meeting, school officials agreed they needed a new assessment of Depa due to violent behavior. Before they met again in 60 days, Depa was disciplined for harassing and intimidating school staff, using aggressive language and approaching staff in an aggressive manner, sticking his finger in their faces.

Depa’s “autism spectrum disorder and communication deficits were not properly addressed,” the petition states, adding that the district needed to teach Depa that he could be seen as “scary and intimidating.”

“As a large Black male student, he is subjected to misperceptions and racism,” the petition states.

Depa is described as 6 feet, 6 inches tall and 270 pounds in a charging affidavit.

The school continued to discipline Depa for multiple offenses including spitting on a student, threatening a student, leaving class without permission and grabbing a female employee.

“The school did not seem to have any control over B.D. and B.D. was allowed to do whatever he wanted with little to no intervention or consequences,” the petition states.

The school district had a responsibility to intervene, the petition states.

“To allow B.D. to continue to escalate only led to the incident where the paraprofessional was harmed and B.D. was arrested,” the petition stated. “Had these issues been addressed in real time, B.D. would not have harmed the paraprofessional and would not have been arrested and facing significant time incarcerated,” the petition states.

Once Depa was arrested, he was transferred to a juvenile facility in Duval County. When he turned 18 about six months later, Depa was transferred to the Flagler County jail.

“Upon his return, Flagler County School District did nothing. No education has been provided to B.D. since his return to the county,” the petition states.

Petition: Depa reprimanded in front of peers

According to the petition, the attack on the paraprofessional began with Depa and Naydich exchanging words and Depa being reprimanded in front of his peers.

The paraprofessional threatened to take Depa's electronic device, which further upset him and he spit on her.

“The paraprofessional got mad and accused him of assaulting her and stormed out of the classroom presumably to report him for assault,” the petition states.

The petition states that the paraprofessional did not follow the proper interventions, putting herself in a dangerous and avoidable situation.

The school staff knew that Depa’s Nintendo was a trigger, the petition states.

Naydich has said in interviews with The News-Journal that she did not take away Depa’s Nintendo.

She said Depa spit on her and she walked out to go to dean's office where there were deputies. That's when Depa came after her.

The petition states: “B.D. was a ticking time bomb."

What's next for Depa's petition?

The district has 10 days to submit the petition to the state Division of Administrative Hearings, according to Langer. It will then be assigned to an administrative law judge. Petitions are supposed to be resolved within 45 days, but Langer said she has never had one resolved that quickly.

The parties will try to reach a settlement at an upcoming resolution meeting.

If no settlement is reached, the case will go before the administrative law judge who will make a ruling.

Either party can appeal the judge's ruling to federal court.

Depa's charges

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. But he is unlikely to get such a lengthy term when he is sentenced on Wednesday.

This article originally appeared on The Daytona Beach News-Journal: Flagler Schools failed Brendan Depa, resulting in attack, petition says