On May 1 Circuit Judge Terence Perkins will sentence Brendan Depa on a charge that carries a maximum penalty of 30 years in prison. The punishment will be nowhere near that: the sentencing guidelines don’t call for it, the incident doesn’t warrant it, and Perkins is not a hanging judge. The question is whether he will impose any prison time, and whether reason and justice, not mercy or vengeance, will prevail.
Brendan Depa has severe autism and numerous mental health issues, among them a din of disorders that, if unmanaged, can make him an occasionally violent person. He was attending Matanzas High School on February 21, 2023, when he was disciplined sloppily and in violation of his education plan over an electronic game he was allowed to bring to school. Guidelines were set out about that game that he and his faculty had to follow, just as guidelines were set out about how to discipline him, and how not to: doing so in front of his classmate was an immediate trigger, and a violation of his plan.
Neither he nor the faculty followed those guidelines. In that regard alone, there’s ample guilt on both sides. But the charge excises context, exonerating everyone but Brendan, the adolescent with a behavioral disorder: He lost his temper and attacked a teacher’s aide, Joan Naydich, knocking her unconscious and brutalizing her enough to crack two ribs in a horrendous sequence caught on surveillance video.
The released video circulated around the globe: a big, Black boy whaling on a smaller, unconscious white woman, moments later calling her names and threatening her life. The attack was appalling. Some of the public response was vile, and continues to this day. It was racist, referencing Brendan’s size, color and hair. It vomited all the familiar tropes: animal, savage, thug–every code word evoking the n-word. It was not a reaction to a beating. It was a lynching. The rope-enraged wanted more.
It is unfortunately to that reaction that the State Attorney charged Brendan as an adult, as he would not have had there been no video. We know this for a fact. A special education student with Brendan’s disorders lost his temper and broke his teacher’s arm some years ago at Flagler Palm Coast High School. But the student was white. His parents were prominent in the community. One of them was an elected official (with a temper I witnessed, incidentally). The boy was not charged. He was not even suspended. More than that: the school built him special accommodations. Jacob Oliva was the principal at the time. He became Florida’s education chancellor and is now the secretary of education in Arkansas.
But Brendan Depa is facing prison.
So let’s not pretend like Brendan’s skin color or humbler station has nothing to do with this. Add to that what we’ve learned since: the school, which has gotten off scot-free, failed to implement Brendan’s legally required Independent Education program as prescribed. The electronic game allowance had even been part of one of his earlier IEPs. Essential questions have been raised and not answered about the qualifications of Brendan’s faculty team. We also now know, thanks to the lawsuit filed on behalf of Depa this week, that he was a train wreck at Matanzas from Day one, that he’d assaulted students and faculty before, that police were called before, that he’d been disciplined and suspended before, all to no avail because all along, his plan was poorly followed or his behavioral and psychological needs were poorly addressed.
He had free reign. He was a “ticking time bomb,” as the lawsuit states. Either the school should have altered the plan accordingly or Depa shouldn’t have been there, as the school determined too late. The school itself, according to the lawsuit, held a determination hearing just before his arrest “and the district found that the conduct was a manifestation of his disabilities.” That should’ve meant no arrest, as had been the case previously. But it was too late. The whims of injustice were in motion.
With a dismal school board that covers up its ignorance and laziness with pandering bans of books and safe spaces (thank you not, Christy Chong), we can’t expect the serious, intelligent work of providing proper resources and trained personnel to address the special needs of human beings. So you can only blame Matanzas so far. But blame and responsibility are two different things. Remove blame, if you like. The district’s responsibility in braiding the rope of Brendan’s lynching remains.
Add to that a criminal charge that was arbitrary, political and reactionary, and we get the spectacle that’s been the Brendan Depa case. He has been in jail for 14 months, the first seven in a more gulag-like juvenile detention hellhole in Jacksonville. He’s been more fortunate in Flagler County, where Chief Daniel Engert runs a civilized institution. But Brendan’s mother is right: even a light prison sentence in state prison is death for Brendan–if not for his person, then at least for what’s left of his humanity. His demons aside, that was never a small portion of who he was.
So here we are, facing a sentencing that should have never been–at least not in this court: Brendan should have appeared with others in his class, among those lawbreaking students John Fanelli, the district’s student support director, regularly takes before a family or county judge to be disciplined in proportion to the crime, not the emotions, not the publicity, not the bigotry. Not, in sum, the vengeance.
Vengeance has no place here because vengeance isn’t justice. It is merely adding barbarism to injury. Mercy has no place here, either, because mercy implies forbearance for an outright crime whose responsibility falls entirely on the perpetrator. And mercy is the purview of gods, not law-abiding judges.
There’s no question that Brendan committed a crime. But he was the uncontrolled, unhinged and barely knowing instrument of a crime whose accomplices bear a disproportionate part of the responsibility. That’s why on May 1 when the courtroom gallery fills with fury and indignation, which yet have their place, none of it should cross the bar. And that’s why, if there is a silver lining in this tragedy, it is in Brendan Depa’s open plea to a judge too respectful of the law to confuse punishment with pandering, or to let empathy become a zero-sum game. Brendan Depa has suffered enough, not just in jail, but as the palimpsest of a million slanders, which he feels as if they were razored on his skin.
He has done the world a service and he doesn’t know it. He has opened a window a little for us into a depth of agony and sorrows young people like him and their families live with on a margin we impose, because it’s too difficult to deal with. Easier to segregate or punish. Sentencing over, the window will close. For Brendan it won’t be over. It’ll never be over, even if spared prison. He is going to suffer for the rest of his life with a condition he can only control so much, in restrictive behavioral health homes already prepared for him, should he see the outside again. It is prison enough. It is prison plenty. It just isn’t vengeance.
Pierre Tristam is the editor of FlaglerLive. A version of this piece aired on WNZF.
Pogo says
@P.T.
Amen.
Do the right thing says
I hope that our society is seriously going to assist this young man. Throwing him in jail, for any amount time, is unacceptable and irresponsible.
Karin Fox says
Such a tragedy. Schools get off scot free all of the time when they ignore federal disability laws, evidence based practices, and IEPs- and fail students. For some students they are graduated unable to read, having been taught zero skills, and their future is dim. No accountability for the school, or the individuals who pushed the disabled child through, knowing that they weren’t doing what they were supposed to be doing.
For other students there can be mental health issues and/or behavioral issues. Often the behavioral issues are triggered by inappropriate, insufficient, or even nonexistent supports and services. No one cares, the student deteriorates, the only “teaching” that occurs is punishment, “discipline” and the like, none of which teach autistic students anything. This despite abundant evidence that punishment exacerbates issues, and evidence-based supports and services help. Instead, they contribute to the school-to-prison pipeline, not only a moral failure but a legal one as well. For the school and individuals responsible for this, accountability is zilch.
William Stonehocker says
Dear Brendan,
I want you, the aide you attacked, your tutor from jail, and your parents to know that I have autism myself. It it not your fault you did these horrible things, it is the fault of your school district for not following your IEP. While Naydich is a strong woman for surviving the attack, I remind her that she wasn’t trained to deal with you. I have reason to believe that you should be on probation, just like your white peer John Wilford and that your race is no excuse for the crime. Perhaps you, Gene Lopes, your family, and Wilford could have a BBQ together at the ECHO group home bonding over your challenges. Your mom did say you were homeschooled and that you did very well there, and I feel sorry she didn’t keep doing it despite your issues.
Your other white peer known as Reba Johnson…I have no idea how she managed to become unfit to stand trial. No one knows what’s up with her these days. I think she is a hottie just like Abigail from Fathering Autism, even though the latter is nonverbal.
Rob Heckler says
How is the schools fault? Just because you have autism doesn’t mean you get to attack your teacher nearly to death. Take a look in the mirror “Karin.”
Hippy says
Wonderfully written Pierre. The “system” did let this young man down.
Ed P says
Pierre,
As a grandfather of a special needs child, your commentary was refreshing. It is difficult to understand the challenges until you deal with them yourself. Your perspective is accurate and we can only hope Brendan receives the “help” he needs to navigate in a world that sees him as rational man, rather than a tormented child inside.
I suspect the reason the school system failed him was inexperience and cost. The mandate to “mainstream” is burdensome but necessary.
Thank you.
Ed P says
Rob,
You forced me to reply.
An autistic person may not have the capabilities to control their temper once a “trigger” sets them off. They may not be able to rationalize or even understand why they got mad. Their thought process will not allow them to function normally. It’s not always their fault. They may not be capable of controlling the outburst, like a seizure, it just happens. Their brain is wired differently.
There are drugs and therapy that will help. With the correct diagnosis improvement is possible. Brendan needs help.
The mandate to mainstream special needs individuals is the schools responsibility and they failed to protect everyone. It was their fault.
Brendan has spent 14 months in jail, enough already.
Jim says
You didn’t read the article, obviously.
The school had a legal obligation to have a plan and follow it. They did not do that.
Ms. Naydich should sue the school for putting her in that situation without that plan and proper training.
And if there could not be a reasonable plan the school should have kept him out of their system.
Autistic kids are very difficult to deal with and the school knew that going in. He wasn’t the first.
What this kid did was horribly wrong but it might have been avoided if the basic requirements were followed.
The fact that he’s facing criminal charges is hard to understand when another kid in the same school system broke someone’s arm and didn’t even get suspended. Why?
ASF says
I hope this young man gets the help/treatment he needs.
Does anybody know what assistnce is his vicitm receiving to be able to reciover from her trauma and move on with her life?
TR says
I kinda was thinking the same thing. Always blame someone else. IMO the blame goes to the parents. Apparently Brandon was doing good being home schooled. So why put him in public school knowing his condition? Maybe the parents should have done some investigating about the school system before allowing him to go to a public school. There are other resources that the parents could have used instead of letting him go to public school. Granted there are a lot of teachers that do not know how to deal with someone with autism. I’m not a teacher, but my g/f’s daughter had a child (two actually) that have autism. They are both from opposite ends of the spectrum. When they moved in with us I had to learn how to deal with the youngest (7 at the time) because dealing with him like my dad dealt with me growing up didn’t work. I went and talked to a professional and learned really fast what to do and now understand what can be and can not be done. This is not the school systems fault. It’s the parents.
me says
It would be with compassion that the Judge see’s this child needs therapy a long with professional counseling jail time is not the answer.
Jim Burns says
I agree this case is a tough one. Sure there is concern for the young man who committed the crime. I have seen the many appeals for understanding for him. Now somewhere in this case there has to be equal concern for the victim. Keep in mind she was doing her job the best she could based on her training. WE can talk about all the possibilities to blame people involved but when are we going to consider all the life changes for the victim? First off cut the racial crap…that is used to just confuse the issue….This young woman’s life has changed forever…Don’t forget that. Please stop and give that one fact lots of thought. Our legal system is supposed to be prepared to have programs in place to handle people who have special needs and that does not always mean cell time or prison. The end result is this is two sided with two people looking at a major life change….not one..
Pogo says
@The more you know…
…the more you know:
read://https_news.va.gov/?url=https%3A%2F%2Fnews.va.gov%2F130846%2Farmy-veteran-shares-her-experiences-with-autism%2F
Pogo says
@Update
@The more you know…
…the more you know:
https://news.va.gov/130846/army-veteran-shares-her-experiences-with-autism/
William Stonehocker says
You are correct, Brendan was homeschooled and did very well there. Up until Brendan hit puberty and was put on medication, he had a lot of potential. The thing is, Brendan at one point was of a normal weight, but the medication made him into a big guy. Big enough to where he could be involved with Special Olympics if he had any desire.
Brendan did lose plenty of weight while incarcerated, and Gene Lopes did notice the transformation. It just comes to show that Brendan does have a gentle side to him. Even though Naydich is still mad about Brendan’s behaviors, at least she can praise him for taking care of his health while incarcerated.
William Stonehocker says
The kid who broke someone’s arm and didn’t get suspended was probably white and people were scared of his family. More proof that Florida is racist.
MATANZAS TEACHER says
So many of you are clearly just terrible humans. This man beat up a teacher. Stop making excuses for bad behavior
Crash says
His Autism does not give him the right to attempt to kill someone. He acted like an animal, he can be treated like one when they lock him in a well deserved cage. And from there he can be fearful everyday that inmates will attack him. That will be justice.
Les says
The faculty at that school didn’t do their job right when dealing with that student and suffered the consequences for that. Everyone knows that most of the faculties/administrators of public schools these days aren’t there because they genuinely give a damn about any of the students they’re charged with teaching and caring for. They do it mostly just for a paycheck. And, when an incident arises where they’re forced to suffer the consequences for their apathy, they’re more than ready to whine about being ‘mistreated.’ Well, as it says in Galatians 6:7(KJV 1611), “Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap.”
wre says
TR you’d have to go all the way back to his biological parents.
You have to imagine that when an individual with autism has a meltdown, they aren’t able to regulate their emotion. So once Mr. Depa shot up in size, his adoptive mother was unable to manage him, this is how he entered into the system.
Palm Coast had an alternative high school that it closed, that’s one of the major issues. Most of the ECHO clients have been pulled from the school system so they can attend school in Saint Augustine, where they are better equipped to handle those types of situations.
We need to do better.
Rich says
Perhaps you should take him in
Alice says
As a retired educator, I was infuriated, without knowing the history behind the event, when I first saw the video.
The story is a heartbreaking tragedy for the para-professional AND for Brendon and his family. Vengeance by sending Brendon to prison, where he will not be afforded the rehabilitation that he desperately needs, is not the answer. It will neither heal the victim nor heal Brendon.
Bottom line, the school district and the Department of Disabilities are responsible. The district failed to properly train the teacher and the para-professional. Additionally, if I am not mistaken, both of them lacked a lot of classroom experience. If that is the case, pairing the two together was simply not a good idea. The Department of Disabilities failed Brenden by not having options other than forcing his parents to enroll him in a public school. A more appropriate setting should have been available to Brendon. The para-professional,
Brendon, and his family were all failed miserably by both systems.
I pray that the judge has the wisdom and compassion for Brendon and for what is in his best interest. If not, what will happen after he has served his time in prison? He deserves a more appropriate setting, where he can receive medical help, therapy, and the tools that he needs to function in society.
As for the para-professional, I hope she has a good lawyer. She should never have been put in this position in the first place. The school district and the Department of Disabilities both set this ticking time bomb. She is a victim of the systems that set this tragedy on its course.
Concerned Citizen says
You make a good point. That everyone is ignoring.
Lot’s of comments blaming his victim. Lot’s of people ignoring his victim. No follow up articles. No checking to see how her “recovery” is progressing. I’m pretty sure she didn’t start her day off with a thought like “Let me see if I can get beat within an inch of my life today”.
We all have bad days. We all get mad when things don’t go our way. And we get frustrated when someone tells us no we can’t. Doesn’t give you the right to hurt someone. Regardless of what you might have going on mental health wise.
This guy had a violent history. And his parents put him in this situation. Where is the blame in that?
John W. says
Will Brendan be a ward of the state when he cannot live with mummy anymore? If he somehow finds a job, will his employer have to follow an IEP or other plan so that his Autism is properly addressed while he works? Will Brendan ever mature enough to learn that violence doesn’t solve anything? Will Brendan ever be able to socialize with other adults when, and if, he reaches emotional adulthood? Will he ever learn to take reponsibility for his actions?I dated a lady who had 2 boys, one has Autism and had a sex change operation well into adulthood. She loves them both equally, and both are adults making it on their own in the world. If one takes race out of the picture, one is still left with an emotionally disturbed and violent, physically mature adult who may never integrate into society. Only a prison sentence with “the big boys” will rectify any of his behavior. Hopefully, the judge will arbitrate and dispense a ruling that ensures that justice is done for both parties-John in Texas
Alice says
I am offended by your statement “Most of the faculties/administrators of public schools these days aren’t there because they genuinely give a damn about any of the students they’re charged with teaching and caring for. They do it mostly just for a paycheck.”
The vast majority of teachers easily work 60 – 80 hours a week or more and must use part of their paycheck to not only supplement school supplies that should be provided, but to sometimes even provide for the basic needs of their students. In case you do not know, there has been a teacher shortage for decades, and the pay is only one of the many reasons why! The retention rate of teachers who remain teaching past five years is abysmal. It does not take long for many to realize that seeking a career in the private sector is much more beneficial! If being an educator is such a plush, easy job, people would be lined up for available positions!
Please, spend a week with a teacher and see if you would be willing to take on the job for the amount of pay and benefits they receive. For the vast majority of educators, teaching is a passion that far outweighs any benefits!
The same goes for the bus drivers, the cafeteria workers, the custodians, and anyone else who works inside the school building.
I am a retired educator, and teachers are not the only ones who work inside the school building who are passionate about their careers. Here are a few examples and a bit of food for thought:
I recently met a school bus driver in Walmart who was purchasing treats for her “kids” before spring break. She was being very careful to not only look at the prices, but to look at the labels to ensure that her students with allergies were not endangered. Yes, school bus drivers also must know certain things about their students so that they can perform their job and keep their students safe. It is not like they are dumping a load of dirt.
Fifteen years ago or so, the cafeteria workers at my school started a program called Backpack Blessings, where they purchased food supplies out of their own pockets for some of their students to take home over the weekend. They had noticed some students, especially on Fridays, loading up on crackers, fruit, etc…. They have now expanded the program so that they can give these students food supplies for the summer.
It truly takes a village!
Once, the school superintendent told me that he was talking to someone who had their CDL license and was inquiring about a job driving a bus. When he told her the pay, she replied that she could drive a dump truck for $10 more an hour. Let that sink in.
Really? says
You are a teacher at Matanzas? Perhaps the entire school district needs professional development regarding IEP’s and the legalities.
Ray W. says
Perhaps, Crash, you are confusing justice when what you advocate for is vengeance. There is a difference. The fact that you don’t know that is telling.
The Oxford dictionary defines vengeance as: “punishment inflicted or retribution exacted for an injury or wrong.”
Justice is explained as: “a concern for justice, peace, and genuine respect for people.”
Pat says
Oh poor baby, playing the race and special needs card helps him not the rest of society. The audacity of suing the school aka taxpayers! I fear for this aide when he gets out he threatened to kill her. He isn’t sorry, he’s been violent multiple times. Is everyone he comes into contact with going to have a copy of the IEP plan and hope nothing triggers this monster?
MATANZAS PARA says
Why don’t you tell us what you teach?
LeNae says
by the comments from the locals this area isn’t looking for justice but for a lynching of a large black man. The para responses are for blood. She triggered that young man and caused this. Probation, anger management and time served and I pray the mother moves him out of this area
Pogo says
@John in Texas said
“…Only a prison sentence with “the big boys” will rectify any of his behavior. Hopefully, the judge will arbitrate and dispense a ruling that ensures that justice is done for both parties-John in Texas”
Voice of experience? Or maybe you just like dog fights where one of the dogs is toothless.
Pre-sentencing recommendation for Trump, or Abbott, and Paxton too?
Related
https://www.google.com/search?q=autism+and+florida+competency+statute
Matt says
That certainly has not aged well.
Who could have possibly predicted that a sociopath might be lying about the genesis of a situation?
His aide comported herself in an eminently professional manner. She did not “trigger him”, unless you mean to say she did something that displeased him?
Matt says
Maybe. Of course the primary pillar of criminal justice is retribution.
To argue someone is ignorant because they associate criminal justice with its primary function is a poor method for trying to deliver your point.
Criminal justice is not about providing the offender with their most productive program possible ( illiteracy aside). It is about holding those guilty of harming others/society accountable.
Matt says
You’re comment is an insult to just about anyone who isn’t your BFF Brandon.
It is his fault. 100% unequivocally his fault. HE CHASED HER DOWN!!! This was not an impulse attack where he struck before his brain had any time to process. HE CHOSE to pursue her and HE CHOSE to strike his unconscious victim.
FYI: if you’re going to cry “racism”, make sure your white counter examples bear at least a single iota of similarity.
William Stonehocker says
I don’t know what his biological parents ever did. In fact, I don’t know what their thoughts were on the matter.
How long will it be until they can tell their side of the story, if they even have a side to tell?
William Stonehocker says
My comment is not an insult, it’s the truth. The aide is a victim for obvious reasons, Brendan is a victim because the public school system wasn’t equipped to deal with him. Even his own parents and Gene Lopes knew that.
He needs probation because at least he’ll be safe in his group home and it saves prisons a lot of money. It doesn’t matter if he’s black or white, him and Wilford need to have a BBQ bonding over their challenges. If Wilford was able to turn things around while on probation, Depa can do it too.
Reba got off easy because she was unfit to stand trial. I don’t know what she’s up to these days. If it was up to me, I’d have her in the bedroom because she and Abigail from FatheringAutism are hotties (even though Abigail is non-verbal).
Zuzu says
The real victim is the woman he beat unconscious. He showed he can self regulate his behavior just fine during the trial and in jail. He knows the difference between right and wrong.
William Stonehocker says
Well said. Brendan also had been arrested three times in 2019. While I do give Naydich love for surviving the attack and for telling her side of the story, who does she think she is being a teacher’s aide whose experience was mostly food service? Buchanan…she only made her way in because of staffing shortages.
Even though Brendan did have a rough past, I am all for him getting probation. If his white peer known as John Wilford was able to handle 18 months probation without issues, Brendan can too. I mention Wilford because his attacks were not captured on camera.
WILLIAM S ANDERSON says
ALICE SAID “MOST” AND SO ALL YOU COULD DO IS GET SELF RIGHTEOUS. Alice is very correct. I worked at BOYS TOWN NEBRASKA, the PALLADIUM of all youth care institutions, and found the same concerns IN THE EARLY 80s. Our boss, Ralph Lassiter of Vicksburg, Mississippi, (my mom’s home town, who late retired and became a “pastor” in Omaha) was a passive aggressive narcissist, who allowed a three time AWOL offender to remain, against policy, and we discovered that the kid had gone AWOL once again, stole a gun, and killed someone while shooting out streetlights previous to our “watch.” Lassiter escaped responsibility, choosing to blame my wife and I for the discovery. I have a degree in Youth Work, and prior to that, I was a Commissioned executive with the Boy Scouts of America. where I met some of the most evil men I ever met… who were all MORMON SCOUTERS. They didn’t appreciate me pointing out the the church’s scouting units did not even bother to use “The Scouting Method.” They put a ton of pressure on Mormon boys to get Eagle Rank by age 13… at high pressure merit badge “mills.” Real “troops” were non-existent! The church education system (released time seminary for high schoolers) allowed the very same negative behaviors that got kids sent to Boys Town, and instead punished teachers for disciplining only the very worst, abusive, and nastiest students. We had a similar experience with Youth Homes Inc at Rock Springs, Wyoming.
WILLIAM S ANDERSON says
Excellent idea, but Hospitals don’t even observe “the legalities” any more. THERE IS NO CIVILITY ANYMORE