As Circuit Judge Terence Perkins imposed a 60-month prison term on Brendan Depa, who’d sat at the defendant’s table for nine hours and has been in jail for the last 17 and a half months, Depa wrote on a piece of paper: “I’m going to die in jail.”
The sentence was for beating Joann Naydich, Depa’s paraprofessional at Matanzas High School, in February 2023, when Depa was 17. The incident was captured on surveillance video, the video circled the globe, and the case drew so much international attention that when Gene Lopes started tutoring him at the county jail last November, Depa asked him: Everyone hates me. Why don’t you?”
Not long after he got back to the Flagler County jail Tuesday evening, Depa, who is severely autistic, was Baker Acted and sent to an Stewart Marchman Act facility in Daytona Beach, according to his mother, Leann Depa. He has remained there since. He was able to spend time with his parents and was expected to spend time with Lopes today.
A Baker Act is the involuntary commitment of an individual to a psychiatric unit when the person is at risk of harming others or themselves. His mother said jail staff made the decision to Baker Act him because of what he’d written at the end of the hearing. She had not seen the piece of paper. But she had spoken to him about it. Is Brendan worried that he would be harmed by others or by his own hands? “He’s afraid of both, including self-harm,” his mother said.
Lopes, a volunteer tutor and retired special education teacher who’s spent about 200 hours with him since November, spoke to him Wednesday evening. “He’s upset, he’s frightened, scared, but I dont think he’s surprised,” Lopes said today, shortly before he was to see him in Daytona Beach. “He did exactly what he was going to do. He’d told me on Thursday that he was going to accept what was going to happen on Tuesday. I think he did.” But it was only then that the reality of the impending prison sentence took hold, Lopes said, especially as he heard the wording of Perkins’s sentence and the rationale behind it, much of it angering Depa, because it wasn’t true.
“Mr. Depa has never expressed not even a single bit of remorse before this court in any of our many court proceedings, not once with regard to remorse,” the judge said. As he did so, Depa could be seen protesting at his attorney, Kurt Teifke, and seemingly demanding to speak as he held up a sheet of paper, twice audibly saying “I don’t care.” The attorney was talking him down.
The reason he was upset, his mother and Lopes both said separately, is that before the May hearing, Depa had written an apology letter saying exactly what the judge claimed he’d never shown: regret, remorse, apologies. Lopes had helped him start it, then walked away, purposely opting to let Depa write it all in his own words, at his own pace, with his own understanding (and occasional misunderstanding) of the situation. Depa has particularly good writing skills, Lope said, and the result was “profound apologies to Naydich, regret for what he did, and in no way did he blame her,” though in the past he had, just as he had been abusive and had spat on her in the immediate aftermath of the beating, as caught on video. It’s those moments that Perkins seized on, ignoring what may have been said or written since, since it was not in evidence.
It could have been. Toward the end of the day Tuesday, Teifke told the judge that Depa intended to read a statement–that same letter he’d written before the May hearing–to the court. But after a short break, as court reconvened, Teifke said that there would be no statement. Lopes said the attorney had dissuaded Depa from reading it, because if he had done so, Assistant State Attorney Melissa Clark would have had the right to cross-examine him, and the defense did not want to let that happen. That may have been why Depa was saying “I don’t care.” He was trying to intervene as the judge spoke, and Teifke was telling him that that window had closed.
Depa was clearly upset after the hearing. The full courtroom emptied, the judge and the attorneys left, deputies took Depa out a side door, then, the courtroom almost empty but for a few reporters, brought him back to be fingerprinted and swabbed for DNA, as required for Department of Corrections records. During the hearing on several occasions he had paused and smiled for photographers. This time, on his way out, he twice flipped the finger at one of the photographers, his only juvenile outburst in his several appearances and hours in court since last August.
The letter’s contents have not been made part of the court record. But Depa’s intention was undeniable, Lopes said. “He clearly takes responsibility for what he did, and he’s not–as much as I am more than willing to put some blame on her, he’s not doing that, he’s not doing that anymore,” he said, referring to blaming Naydich (who sat in court throughout the sentencing hearing, the last hour with State Attorney R.J. Larizza sharing the same front-row bench.) “He was angry about the judge initially, about the million dollars, now he’s, ‘oh, the judge did what he had to do.’ He’s come a long way with everything going on.” The court had imposed a $1 million bond on Depa, ensuring that he would spend the entirety of his pre-trial period incarcerated.
That, oddly, has worked to his advantage in two ways, at least to some extent. First, he has had a stable and remarkably productive year, at least since he was transferred to the Flagler County jail last August, when he turned 18. It was a different story in juvenile lock-up in Jacksonville, where he was in solitary confinement most of the time.) One violent incident aside, early on at the Flagler jail, he has thrived under the protection of Chief Daniel Engert, Lopes, and supportive corrections deputies. He was halfway through his GED.
Second, the 17 and a half months he’s accumulated in jail will be credited to his prison sentence, knocking sown the 60 months to 42.5. He is also eligible for what’s called “gain time,” or time off for good behavior. He may shorten his sentence by up to 15 percent. Gain time is calculated from the time detention begins–not the time the prison sentence begins. So the 60 month sentence is calculated back to the February day in 2023 when Depa was jailed. If he qualifies for all 15 percent, that knocks off another nine months from his sentence, bringing it down to 33.5 months, or almost half the official sentence the judge imposed.
On the other hand, one of the prosecution’s witnesses–to the disgust of the defense attorney and of Lopes–pointed to prison as a preferable environment for Depa than group homes, with the stability of the last year as evidence.
“I’m terribly upset that it appears the work I did with him that helped him get through jail was used against him,” Lopes said. “It was used as: see, he can control himself. Well, he can control himself when he has the tools in place. And every one of the settings proved it.”
Thirty-three months in an adult prison is still more than two and a half years in one of the most punishing and dangerous environments in the country under any circumstances even for adults without mental health issues, let alone for an autistic 18 year old with a series of disorders. He is to be transferred out of the county jail to one of the a Florida prison system’s “reception centers,” as they are called, where he will be classified and transferred again weeks later to a more permanent prison.
Meanwhile, he remains at the SMA facility in Volusia County. “We honestly don’t know, we have no idea how long this is going to be,” Lopes said. “I’m hoping that this setting can be for a little bit anyway, because it’ll help him to prepare for the future.” A sharp, bright rainbow had taken shape against a slate-gray sky to the east, visible from the courthouse, as Depa was taken back to the county jail. The rainbow’s ironies were as numerous as its colors.
MeToo says
I pray this young man finds the help he needs to survive prison and become a functioning adult. God Bless him, his victom and his family.
Laurel says
So here we have a black male youth, who is severely autistic with a known record of violence and should have been with professionals, and attacked a person given a job she was not qualified for, and he is prosecuted as an adult, and sits in jail for 17 and a half months, before he is sentenced to five years in prison.
Meanwhile, we have a white male adult with 34 felony convictions, found guilty of rape, should be tried NOW for attempting to overthrow the government, the result of which was five deaths, and stole 40 some boxes of top secret government documents and storing these boxes at a club, showing off some documents to club members, and he is out free, the whole time, and running for President of the United States.
Is there something about justice I am missing here?
Richard says
This is a parody correct?
FlaPharmTech says
No, it’s the truth. Thank you, Laurel.
Tony Mac says
The United States may brag about having a “Legal” system that provides equal justice under the law, but it falls far short of having a “Justice” system when it comes to the crimes of Donald Trump.
Charles says
Not right the 34 convicted felon is the one that should be going to prison, and the American people are sick and tired of him getting away with it.
DaleL says
To be precise, the individual about whom Laurel wrote, has never been convicted of rape. He was found in a civil court to have committed sexual assault and then to have repeatedly defamed the victim. The resulting monetary award was something like $83.3 million. The court did find that the sexual assault was the equivalent to a form of rape. As a result, he cannot sue those who say that he raped the victim.
The trial for the events of January 6th, 2021 have been on hold, pending appeals. The person in question is being tried and hopefully a fair decision can be made. If he is found guilty, then I hope for the appropriate punishment.
Pending appeal, the government documents case will also hopefully move forward.
However, this is all a non sequitur. This story concerns Brendan Depa. In a perfect world, Brendan would have received care more appropriate to his condition. However, there is no certainty that even with that care, that he would not have attacked someone else in a fit of rage. Our society also simply does not have the resources to properly care for every person. There are so many homeless people, people in need of medical care, people who are hungry, and individuals such as Brendan in need of psychiatric care.
Deirdre says
I can’t believe they put this kid in prison in the first place, he needs to have special care for his disability, which is severe, and due to this he’s really not in control of his actions.
If anyone compares this to being ‘on the spectrum’ or this is ADHD or whatever, do some research. Too bad the judge wasn’t educated about this if he thought the punishment should be harsh, because he didn’t show remorse.
That would be appropriate for someone without a disability who did the same thing, but his lack of emotional control is a pretty typical issue for anyone with severe autism, and no medication will fix the problem.
When he gets out of prison, where does he go? Just probation, and he’s back mixing with other people, knowing he will likely hurt someone again? It’s part of his disability!
There is no cure, this is brain damage, having him show remorse and write apology letters doesn’t mean this won’t happen again. This isn’t about ‘teaching him a lesson.’
Prison is not the right place for him! Anyone who knows anything about severe autism realizes full well he’s not in control of his own emotions, this is the reason he had a teacher aid in the first place.
He needs help, and he’s not going to get it in jail. Does he need to be in solitary confinement for the rest of his life to keep him and other prisoners safe?
We need programs in Florida that are geared for people with mental disabilities, including severe autism and schizophrenia, that are an option for situations when prison is the wrong choice.
I won’t read any follow-up comments because people that don’t understand the truth are just going to say he should’ve been executed and he’s an animal and they hope he kills himself etc, they have no compassion, no understanding, unbelievably ignorant about the level of autism and mental illness.
No one has ever said he should just be wandering the streets, no one has ever said he shouldn’t have consequences for attacking his teacher aide. She shouldn’t have been put in that situation in the first place, it’s no surprise this happened.
Doing the right thing means getting him the help he needs, and preventing another person from getting hurt, even in prison. He’s not the only one with this disability, I’d hate to see the judgment in this case affect other people with the same issue. Locking people up in prison with these kinds of disabilities is just wrong for their safety and everyone else’s.
With his background of violence, he shouldn’t have been in a regular school setting in the first place, this could’ve just as easily been an attack against another student, it could’ve resulted in someone being killed, and no amount of jail time will change that fact. We need other options.
If I was his parents I would look for another lawyer to have his case reviewed again.
This judgment isn’t just about him, but with anyone that has severe autism. We need to have programs to serve their needs to prevent these issues in the first place.
Steve says
So I would agree with you on one issue. I don’t understand the illness. But what I do understand is that there are consequences, punishments, penalties and sentences for committing an act of violence against another person especially a male on a female. This isn’t Depas first time at the rodeo for violent behavior and sorry triggered that easily over an electronic device. What’s next changing the channel He is a danger to Society and obviously himself with wanting to now commit suicide. IMO he’s going where he belongs for now. Hopefully he gets some of the help he needs .My main concern would be with the victim her trauma and the distinct possibility that she may never recover from this event in her life. Justice served.
Someone says
The second sentence that you wrote negated your whole paragraph. “I don’t understand the illness.”
Steve Ward says
And the Judicial System negated yours. Look I get it there are no winners in this situation.
Bartholomew says
It was a manifestation of his disability. Not sure if Flagler has a separate setting with someone with this severe of a disability. If I remember correctly his iep was not being followed and the para was not supposed to be alone with student. The district really dropped the ball on this. It would be interesting to see how many other ieps are not being followed and if documents for iep are being filled saying services were given when really they are not.
joe schemo says
when were they alone? he attacked her in the hallway. He ran up on her.
Atwp says
Steve I agree with you about bad behavior and punishment. I also think that the punishment is relative to who you are. Remember a so called white female angle did something that called for punishment, don’t think she was punished, or was slapped on the wrist and was told not to act up again. She didn’t get what she deserved. He goes to prison, she didn’t go to prison for a similar crime. The old saying it’s not what you know but who you know. The skin you are in plays a big role in punishment not the crime. In this country a certain group of people especially men can do anything and it’s ok. Another group will be lied on by usually certain women, the police will be there to harass and arrest and possibly kill. The world we live in. Wrong is wrong, if I’m punished for wrongdoing why not the other guy?
Momma Mia says
First, this country does nothing for mentally ill individuals. I know this by experience. I have a family member who has beenVaker Act over 7 times. Second, if your child is an adult in this situation, uou have no control on how any of this is handled. To all the parents out there with adult mentally ill children, the system is stacked against you. We need better care in this country for the mentally ill that is empathetic and fair.
DaleL says
From the story: “’Mr. Depa has never expressed not even a single bit of remorse before this court in any of our many court proceedings, not once with regard to remorse,’ the judge said.”
“Lopes said, especially as he heard the wording of Perkins’s sentence and the rationale behind it, much of it angering Depa, because it wasn’t true.”
In fact, Circuit Judge Terence Perkins was accurate and true. The apology letter written by Brendan prior to the May hearing was not an apology or expression of remorse before the court or under oath. A letter, written outside of court, does not constitute an expression of remorse in court. Further, Brendan took sufficient offense at this as to be visibly offended and later flip off a reporter.
Over a year ago, Joann Naydich was horribly beaten because Brendan Depa got angry. Brendan had his day in court and has been sentenced. It is time to move on.
As to “helicopter” BS man, yes American “justice” is flawed. It has long been known that super rich “important” people are rarely held accountable for their crimes. That is not a reason to give up on our legal system. Rather it is a reason to demand justice for the rich and powerful. It is a reason to call out the BS that it has taken YEARS to bring to trial a person who obviously committed felony crimes in plain sight. A person who has never expressed guilt or remorse for the many people he has harmed or caused the death of. People did die on January 6th and “HE” was responsible.
Endless dark money says
Punishing a teenage person to be raped and kept in a box 24 7 will not help anyone. Sad he is a victim of the times. Gop leader has 38 more felonies and is still able to spew hate on people as a free person. Guess that’s when America was great though when only white land owners could vote. Women and minorities had no rights and considered property. Justice system is a corrupt joke that again only cares about money. its not like prison guards will protect him from the rape and violence . American prisons only care about money.
DaleL says
And what of the victim? Brendan Depa has been reported to be 6′ 6″ tall and weighing 270 pounds. The video shows him beating Joan Naydich as she lay helpless on the floor. Naydich states that the attack left her with five broken ribs, a concussion, hearing loss, vision loss, vestibular problems, rotator cuff issues and a herniated disk. Depa’s actions, Naydich said, have cost her her job, her financial security, her health insurance and the ability to take care of herself. Joan Naydich was a 19 year employee of the school system. She was in her second year as a paraprofessional. Based on the severity of the attack, she could have been killed.
Judge Perkins agreed with Clark’s argument and said the February 2023 attack wasn’t an isolated incident and that Brendan Depa had numerous battery charges in the past.
One of the two expert witnesses she brought in was Dr. Suzone Kline, Department of Corrections chief of Mental Health Services in Tallahassee. Kline said every inmate is evaluated at an intake center and undergoes a comprehensive psychological assessment. Based on Depa’s history and previous diagnoses, she said, he would almost certainly end up receiving some level of mental health care.
Brendan Depa nearly killed an innocent person and as a result ruined her life. He has been found guilty and has been sentenced. In prison he may receive the psychiatric care he needs. In the end, as with every person, it is his choice whether to change for the better.
William Stonehocker says
I have autism myself and after doing some research, Brendan does not belong in prison due to the exploitation. He was also not fit for the public school environment. His mom and Gene Lopes are on his side, not Naydich.
Now while I give love to Naydich for surviving the attack, she wasn’t supposed to be an aide if she didn’t have the credentials. A first-year teacher like Barbara also brought up some red flags. Their excuses were to resolve a staffing shortage.
Also, Brendan’s white peers John and Reba are nowhere to be seen because their attacks weren’t on camera. John got 18 months probation, while Reba was found unfit to stand trial. Reba and Abigail from FatheringAutism on Youtube are both hotties and I’ll have them in the bedroom for sex, even though Abigail is non-verbal.
Where the hell were Brendan’s other family members and the ECHO employees alongside Springbrook to tell their side of the story? His grandmother obviously doesn’t count because she died in 2018. I was hoping Brendan’s father would say something, but he’s a coward.