Brendan Depa Appeal: Court Abused Its Discretion By Imposing State Prison Instead of Juvenile Sanctions

The long-expected and twice-delayed appeal in the case of Brendan Depa argues that Circuit Judge Terence Perkins abused the court’s discretion last summer when he imposed a five-year, adult prison sentence and 15 years of probation rather than what would have amounted to two years in a juvenile prison. 

Depa, who will be 20 in August, was a 17-year-old Matanzas High School special education student when he attacked then-teacher aide Joan Naydich after he got angry for being disciplined over the use of a Nintendo game. Surveillance video of the attack circulated around the globe, turbocharging the case’s visibility. 




The incident at Matanzas High School took place on Feb. 21, 2023. Depa was charged as an adult with aggravated battery on a school employee, a first-degree felony. He was found competent to proceed on June 16, after his attorney filed a suggestion of incompetency. He tendered an open plea on Oct. 20, leaving the judge to decide his penalty following a sentencing hearing, which took place over two days, on May 1 and Aug. 6, 2024. 

Perkins, who has since retired, had the option to sentence him with juvenile sanctions. Perkins sentenced him as an adult to five years in prison, followed by 15 years on probation. 

“The trial court abused its discretion in not imposing juvenile sanctions,” the 41-page appeal filed at the Fifth District Court of Appeal Thursday reads. “The findings of the trial court with regard to not imposing juvenile sanctions are not supported by the record. Further, when considering the factors a trial court must consider when determining whether juvenile sanction[s] are appropriate, the record supports several findings in favor of juvenile sanctions.”




Depa is represented by Hani Demetrious of the Fort Lauderdale-based Robert David Malove law firm. 

Depa is at the Wakulla Annex prison in Crawfordville, south of Tallahassee. Between the credit for time he had already served before his sentence, and gain time, or time off for good behavior, Depa has roughly 25 months left in his prison sentence. But the appeal also addresses the 15 years of probation, which it seeks to diminish or eliminate. 

The appeal argues that the court heard significant evidence in the two days of the sentencing hearing showing to what extent punishment in a maximum-security juvenile justice prison would benefit Depa medically and toward his rehabilitation, and little to no evidence suggesting otherwise. The appeal also outlines the criteria that made Depa eligible for a juvenile offender sentence, from his age at the time of the offense to his immaturity at the time to the ready availability of DJJ programs to address his case to whether adult prison would be a more appropriate deterrent. 

Assistant State Attorney Melissa Clark, who prosecuted the case, argued that it would be. Kurt Teifke, who defended Depa, argued the opposite, as the appeal does. 

The appeal objectively summarizes the testimony heard at the sentencing hearing. It included that of Gregory Pritchard, a psychologist whose testimony for the state proved especially damning to Depa: Pritchard described Depa as intelligent and aware, able to decide between right and wrong, and capable of controlling his emotions if he wanted to. He judged Depa’s references to hallucinations as “fabricated” and downplayed the severity of his autism. 




Kimberly Spence, an autism expert who testified for the defense, contradicted much of Pritchard’s testimony, including where Depa placed on the autism spectrum. She testified that prison would only harm Depa, not address his needs.

Julie Harper, another psychologist who testified for the defense, said Depa was “biologically and developmentally in middle adolescence” at the time of the offense. Harper made the strongest case for juvenile sanctions, saying that the Department of Juvenile Justice was well suited to address Depa’s needs, providing therapy instead of “warehousing” until his sentence was over. 

Clark Challenged Harper, bringing up Depa’s history of violence at group homes, from punching staff members to throwing chairs to attacking peers. 

Suzonne Kline, chief of mental health for the state prison system, testified that the system treats or monitors some 4,000 inmates with autism and intellectual disabilities. Harper disagreed. The adult correctional system, she said, prioritizes crisis stabilization rather than long-term rehabilitation. It would not be well suited to Depa’s neurological and psychological needs. 

The appeal relied heavily on the fact that a Department of Juvenile Justice sentencing report determined that Depa “had not yet exhausted all available rehabilitative services” through DJJ. Woody Douge, a DJJ probation officer, recommended in testimony that Depa should be placed in a maximum-risk residential facility, where Depa had never been committed. That would have consisted of an 18 to 36-month imprisonment in a facility designed for rehabilitation, with medical management, vocational training and preparation for reintegration in society. That’s what Teifke, Depa’s attorney, had argued for at the sentencing hearing. 

“Juvenile sanctions effectuate all goals of disposition or sentence in that they’re punitive,” Teifke argued before Perkins. “They have deterrent impact, but there’s rehabilitation. I don’t think the adult framework, the criminal punishment owed, makes any pretenses about anything other than, we are punishing someone. This effectuates all. And if you think that that’s something worth effectuating, juvenile seems most on point.”




Clark countered: “I would argue that juvenile sanctions are not appropriate because as soon as he turns 21, they’re letting him go.” She continued: “Now, the Defense is trying to argue, well, his family will step in, and they’re going to help him. We have a history of what that looks like. We are here today, and by all accounts the Depas did everything they would for their son and they tried the best to try and get him the help he needed and potentially try to avoid being in this courtroom, but we know that’s not viable. That’s not a viable option, to just turn him loose and hope that all the pieces are going to fall into play, and that he’s going to get the help that he needs.”

Perkins was quickly dismissive of juvenile sanctions: “That was the first place I looked, quite candidly,” he said. “And I looked at how they handled this case coming up to this point in time. I have no confidence that they would handle this appropriate moving forward. So with regard to that, I just don’t think that their handling was enough. And frankly, two years, by the testimony of all three expert witnesses, is not going to provide sufficient treatment in that regard.”

Though it is not as relevant to its argument, the appeal notes that Naydich’s testimony revealed that the school or the district had not prepared her for the responsibility she was entrusted with. “Naydich testified that she was unaware of [Depa’s] specific conditions and did not know who bore the responsibility of informing her about a student’s particular needs,” the appeal states. She had received no orientation after taking charge of new students. That information, she said, would have been beneficial.

“Naydich also testified that she was unaware of specific triggers for [Depa]’s aggressive behavior, such as transitions between classes, disruptions in routine, hunger, or disciplinary actions related to electronics,” the appeal states. The school administration had not made her aware of Depa’s Individual Education Plan, or IEP, which contained much of that information.

That determination goes against the weight of the evidence, the appeal argues, citing Douge’s testimony. “There was no contrary evidence that the DJJ program would not have been sufficient to provide for appropriate punishment and deterrence for further violations of law.” 

Brendan Depa Appeal Brief (2025)

brendan-depa-initial-appeal-brief

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