Prosecution presents case in Brendan Depa sentencing, Joan Naydich testifies

The teacher’s aide attacked in a viral video at Matanzas High School in Palm Coast took the stand Wednesday and recalled what she could about the beating she suffered at the hands of a student.

Joan Naydich testified at the sentencing hearing for Brendan Depa, 18, who has pleaded no contest to a charge of aggravated battery on a school board employee.

Attorney’s got through roughly half of the sentencing hearing on Wednesday before running out of time at 5 p.m. Circuit Judge Terence Perkins said the sentencing will be completed at another hearing to be scheduled for this month at the Kim C. Hammond Justice Center in Bunnell.

Depa faces up to 30 years in prison, although he is unlikely to receive that much time.

On Wednesday, Depa, handcuffed and wearing an orange jail jumpsuit as is routine for jail inmates, sat next to his defense attorney Kurt Teifke. Teifke would occasionally lean over to talk to Depa. Depa would sometimes slouch in his chair. Other times he held a hand to his face or just watched the proceedings. He rested his head on the table at another point.

Joan Naydich recalls attack at sentencing

Assistant State Attorney Melissa Clark asked Naydich about the day of the incident. Naydich said she was a paraprofessional and had been assigned to Depa who, at the time, was a 17-year-old special education student. She said that on the day of the attack, Feb. 21, 2023, she accompanied Depa as was routine to his cyber security class. But once in the class, Depa took out a gaming system which disrupted other students, so he was told to put it away and he did.

Naydich said she texted Depa’s teacher that he should not be allowed to take the gaming system to that class.

When they returned to Depa's "self-contained class," the teacher, Barbara Buchanan, asked Depa about the gaming system and told him he could not take it out anymore.

“He became riled, angry, upset,” Naydich said.

Naydich said she did not say anything to Depa about the game and never took it from him.

“Never touched it,” Naydich said.

Naydich said she remembered Depa screaming “nasty names” at her. Naydich said she grabbed her belongings and turned to leave. She said Depa then came up to her and spit all over her. She looked at him and said that’s “an assault.”

“My last memory is putting my hands on the door knob to exit the room and the rest is on video,” Naydich said.

Videos of the attack were played in the courtroom. One video showed Depa charging down a hallway. The other videos showed Depa knocking Naydich off her feet and to the floor and then repeatedly punching and kicking her. Multiple people had to pull Depa off of Naydich.

Naydich said she suffered broken ribs, a herniated disc and a rotator cuff injury from the attack as well as other injuries. She said she still has psychological issues as well.

Flagler County Sheriff’s Office Deputy John Landi, the school resource deputy at Matanzas High School in Palm Coast, escorted Depa from the scene.

Landi’s body camera recorded sounds of Depa spitting 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.”

Brendan Depa's triggers

During cross examination, Depa’s attorney, Teifke, asked Naydich about Depa’s individualized education plan, or IEP.

Naydich agreed with Teifke that it would be important to know about de-escalation strategies and about particular issues related to Depa in his IEP.

Teifke asked her if she was aware that the IEP stated that Depa should not be reprimanded in front of his peers and that transitions such as moving from one class to the other or changes in routine can be triggers for Depa. Naydich said she was not aware of that. Teifke said that there was a change in routine in that there was a substitute teachingt the cyber security class.

He also noted that Depa had arrived at school that day saying he had nothing to eat at the group home the previous night, but Naydich told him he had to wait while they waited for the other students.

Psychologist: Depa is dangerous

Dr. Gregory Prichard, a psychologist and a state witness, testified that Depa had been diagnosed with autism, intermittent explosive disorder and other disorders.

Prichard said that Depa was intelligent, but he also said he was dangerous, and his size — 6 feet 6 inches and over 200 pounds — added to the danger.

Prichard said Depa’s outbursts were not premeditated but rather an immediate, emotional response.

Prichard agreed with Tiefke the incident could have been a manifestation of Depa’s disability.

“I would say that it very likely was a manifestation of his emotional, behavioral disability. His tendency to overreact aggressively to perceived slights,” Prichard said.

“It sounds like we are here to determine what is the price to be paid for actions that are a result of a disability,” Tiefke asked.

Prichard responded that he was not sure if that was “a fair characterization or not.”

Judge asks if attack on Naydich was intentional

At the end of the day, Judge Perkins asked Prichard to what extent he thought the attack was “volitional and intentional.”

Prichard gave a somewhat long response and said it was difficult to answer. But Prichard said he believed that Depa had the “capacity to behave differently” but can also be reactive.

“I think he had some control — certainly more than he showed,” Prichard said.

This article originally appeared on The Daytona Beach News-Journal: Brendan Depa sentencing will be continued later this month