Originally scheduled for Wednesday, the sentencing of Brendan Depa, the former Matanzas High School student who pleaded to a count of aggravated battery on a school employee, has ben postponed to an undetermined date, and may not be held until past mid-March.
Circuit Judge Terence Perkins signed the open-ended postponement last week without scheduling a new hearing.
Kurt Teifke, Depa’s attorney, argued in a motion to postpone the sentencing that he needs additional time to “prepare mitigation” and for expert witnesses to prepare. The witnesses “have each been unavailable since last month and remain unavailable through Mid-March at the earliest due to their prior commitments to other attorneys litigating death penalty matters,” Teifke wrote in his motion. The prosecution did not oppose the motion, as its own expert had also been delayed.
Depa, who is autistic, was a 17-year-old special education student at Matanzas last February when he lost his temper over a disciplinary matter and attacked his paraprofessional, Joanne Nayditch, in a hallway at the school, knocking her out then pummeling her before staffers pulled him off of her. Depa also made threats against Naydich’s life when he was being led away by a sheriff’s deputy. There are questions as to whether school staff properly followed his Individualized Education Program in class–issues that likely will be part of the sentencing hearing.
Depa was originally charged as a juvenile. When video of the attack went viral, he was charged as an adult. An attempt by the defense to have him declared incompetent to proceed to trial failed. His first degree felony charge carries a maximum penalty of 30 years in prison, though that’s almost certainly not the sentence he faces.
He tendered a plea in late October, leaving it to Perkins to set his sentence. Being an open plea, that leaves it to Perkins’s discretion to decide whether to sentence him as a youthful offender or as an adult, with mitigating factor potentially playing a role in the decision.
Depa was originally held at a juvenile jail in Duval County. Since he turned 18 in August, he has been at the Flagler County jail, where he has continued his education under the supervision of a volunteer private tutor and jail staff, recently successfully passing the Language Arts, Reading and Writing section of the GED, the high school equivalency diploma.
Chuck Wagon says
Any bets he gets a slap on the wrists?
Bill Boots says
and eventually snaps in our present stressful society and maims or kills someone!
Beeg says
He was a juvenile with no criminal record. He’s been incarcerated nearly a year. What’s a slap on the wrist? Hypocrite!
ASF says
Leaving these matters “open-ended” must be hard on the victim of his attack. What about justice for her? Where is the concern about the ongoing effects of all this on her “state of mind”?
R.S. says
I wonder where this student is being held while waiting on trial? Willford and Johnson I understand to be home and in care? We don’t have a juvenile section in the Flagler Jail. How far is he from parental care? Is it skin that made the difference in this three cases? How racist is our system?
Nephew Of Uncle Sam says
Hope he actually does Chuck. Then I would expect he will get the help he needs and become a part of society.
Richard says
This child even though he doesn’t look like one, has already been given a life sentence that will never end and many people that are calling for more.
How un-human some narrow minded PalmCoast people can be!
Maybe some day they will be given something to bare , something they cannot change, maybe a sickness like cancer or something that effects their brain like dementia.
Give this child and his family a break they already have been given a life sentence!
Bill says
Disgraced judicial system where are the race baiters now now we say mentally ill but I say depravity
Of the human heart .psalm 1
Jail time is the answer crooked
Lawyers
Atwp says
I remember a young white lady doing something similar. What happened to her?
ASF says
He was actually involved in multiple Assault cases before this incident. Various interventions have been attempted over time, apparently, none have been sufficient to address his issues. Depa was involved in a physical altercation at least once while incarcerated since this charge was levied.
Kevin says
It doesn’t matter what his situation is. Do the crime, do the time. It’s important for kids to know there are consequences to their actions. He’s no child, regardless of his disabilities. He severely hurt someone and his victim deserves justice.
All these comments from woke cupcakes trying to pull his skin colour into this is disgusting. Open your eyes and you’ll see you are only doing a disservice to black people by always claiming they are the victim. Repression is no way forward.
MeToo says
Maybe she should have followed his IEP and this may not have happened at all. While she did not deserve what he put on her she knew what his triggers were.
Sanaa says
So now this child stays in an adult jail even longer?
Currently their actions are speaking louder, but if these parents don’t want him back…they should just verbally say it. If well qualified experts volunteer for your child’s case, you should really consider accepting. Parents do everything to protect their children, and don’t get in their feelings about it.
If Depa is in jail for greater than 364 days, will this affect him down the line?
Judge Perkins handled two other cases of special needs students (these students were actually age 18 during incidents) from Mantanzas high and/or the same group home as Brendan Depa, attacking their teachers by stabbing, assaulting with closed fists, and threatening to kill the staff members.
Public record:
One student is John Willford-Caucasian male from the same group home, he stabbed and physically assaulted high school staff and was deemed mentally incompetent to stand trial, never receiving any jail time from the same Judge Perkins, see arrest record below:
https://flaglerlive.com/wp-content/uploads/willford-arrest.pdf
Another student is Reba Johnson-Caucasian male, threatens and physically assaults teacher in the same high school (also living in same group home as Depa) is deemed mentally incompetent and receives no jail time from Judge Perkins, see her arrest record below:
https://flaglerlive.com/wp-content/uploads/reba-johnson.pdf
A third student case at Mantanzas high disclosed that another special needs student broke a teacher’s arm and assaulted another autistic student in same incident. This student’s case never made it to court, stayed at school because it is alleged that parents came to school threatening to sue the school/staff if the school attempted to press any charges against their child. The school did not proceed and charge student. There seem to be numerous cases like this with white special needs students in this county.
-The school decides to release the Depa video, but can’t find a video for the other students offenses.
-This video should never have been released, the school official should be charged with some unauthorized record release.
-Why weren’t Depa’s school medical records allowed to be shared with the courts, weren’t the other student’s records shared?
-Was the outcome of the court competency evaluation disclosed for the other students, because they won’t release Depa’s?
-It would disclose that he also isn’t competent to stand trial.
-Save the outrage for Depa because he is the greatest threat…just look at him!
-Even though this incident took place while he was a Juvenile, let’s give him adult charges.
-Give Depa adult jail time And a $1,000,000 bond, to ensure he stays in jail.
This is a blatant display of something….and counting.
William Stonehocker says
I think Brendan Depa might benefit from house arrest instead because it’ll save on taxpayer money.
Madiq says
There was a woman in ocala who killed someone for knocking on her door. The woman who knocked was attempting to retrieve a gaming system from the shooter. The woman who shot is facing 30 years…. An autistic 17 year old is facing more ridicule and and just as much time as a full grown adult who KILLED someone. Y’all don’t give af about the victim in this case stop it. If yall did then why isn’t the same energy put towards the woman who was killed in front of her young children?
William Stonehocker says
Welcome to Florida, stupid things happen.
Richard says
Agree
ASF says
WOW–Blame the victim much?
Not too insensitive. I will repeat my question–what cinsdierations are being given towards her future and state of mind?
ASF says
He was living in some kind of Group Home, I believe.
No longer in PC says
She got probation and released to a place that could meet her needs cause she’s white.
William Stonehocker says
The teacher asks the group home to send the Switch into school.
Brendan had no idea this was going to happen, so he didn’t listen to Naydich when she asked him to put it away and physically attacked her when she went to the office.
Brendan is at fault for obvious reasons, the school is at fault for not following his IEP.
An example of two wrongs don’t make a right.
William Stonehocker says
He was. I wonder what the group home employees all thought of this.
William Stonehocker says
Was that Reba Johnson? She fits the definition of a white female.
William Stonehocker says
Willford ended up on probation for 18 months…no idea where he is nowadays.
Johnson was declared unfit to stand trial, no idea what she’s doing these days.
Depa…he’s in the Duval County Jail system.
Yes, the system is racist and is still stuck in the past.
Bottom line, do not move to Florida.
No longer in PC says
She should step up and say she didn’t follow his IEP plan. Be a leader and admit your mistake instead of always blaming the other person. Even teachers who seduce their students blame the student instead of saying I know what I did was wrong. The best teachers are the ones that can admit their faults.
William Stonehocker says
That’s pretty good intel.
ASF says
Brendan Depa is going to have to learn to control himself if he is going to live in the world at large. It is not possible for everyone to always know the content of his “IEP Plan” at any given time. It is not reasonable to expect that others will always make that effort.
It sounds like mistakes were made at several points in this situation but Depa’s conduct, at the end of the day, is Depa’s conduct.
I have worked with Head Injured and Brian Disordered individuals who have far less going for them than Depa has. At the end of the day, it is on Mr. Depa and those closest to him to teach him how to deal with frustrating situations. Frustrating situations are going to arise throughout the course of his life, whether he ends up incarcerated somewhere or is placed somewhere less restrictive in society.
If Brendan Depa he ends up incarcerated–which is the path he currently seems to be traveling on–there is a great possiiblity that he will eventually run into someone who is at least as troubled as he is and possibly even bigger and stronger. Enabling him to escape the consequences for seriously threatening behaviors–thereby removing the incentive to change– puts Brendan Depa in as much risk as anyone else he may aggress against in the future.
William Stonehocker says
I’m sorry, but prison is not going to help Brendan at all. Not only are they not designed for someone like him, but all they do is waste taxpayer money.
If Willford ended up getting probation, Depa should get it too. Who cares if Depa is African-American and Willford is white?
No lo in PC says
His developmental disabilities will never allow him to live on his own. He will reside in a group home or with his family forever. If you had read the story his mom told then you would know this.
William Stonehocker says
He was living in a group home.
YouToo says
exactly who cares. The young man already had a history of assaulting people before his attempted murder of Naydich. Depa is 6′ 6″ if allowed to go free on simple probation its only a matter of time until he kills someone for angering him or is himself shot dead by someone defending themselves.
Mike C says
He’s benefit more from a locked ward in a mental hospital. A nice, comfortable room where he can play his Nintendo games in peace and not be a danger to any one.
William Stonehocker says
He had his own room in a group home, if that makes sense.