Brendan Depa, the now-18-year-old former Matanzas High School student captured on surveillance video attacking his teacher’s aide 14 months ago, filed suit today against Flagler County schools, accusing the district of failing to properly address his numerous behavioral end mental disabilities, to properly train the staff in charge, or to provide legally required educational supports before and after his arrest. The failures led to a grave but foreseeable, violent incident, the lawsuit states, injuries to the aide, and the prospect for prison for Depa.
Depa was charged as an adult on a first degree felony count of aggravated battery of a school employee, to which he pleaded. He is scheduled to be sentenced by Circuit Judge Terence Perkins on May 1. He has spent the last 14 months between a juvenile jail in Jacksonville and the Flagler County jail, where he was transferred when he turned 18 last August.
He had an Individualized Education program through Duval schools when he was in Jacksonville. But when he returned to Flagler County, “Flagler County School District did nothing,” the lawsuit states. “No education has been provided to [Depa] since his return.” He has been receiving instruction through a private, volunteer tutor.
The felony charge carries a maximum penalty of 30 years in prison, though Depa is unlikely to be sentenced to anywhere near that much. The judge has discretion to sentence him as an adult or as a youthful offender.
Lawyers Maria Cammarata of Fort Lauderdale-based Cammarata & Cammarata and Stephanie Langer of Miami-based Langler Law filed the suit on behalf of Depa with the Florida Department of Education and the Division of Administrative Hearings, the first step of what would be a longer legal journey if the division does not rule in favor of Depa. The next step would be circuit court, and possibly federal court. But petitioners like Depa are required to exhaust all remedies before appealing to circuit or federal court. The lawyers are experts in disability and education law.
The lawsuit’s arguments are not a surprise: a series of reports since the arrest, several of them published here, have detailed what appeared to have been serious missteps on the school’s part in the management or mis-management of Depa’s education. But the complaint, which calls Depa before the arrest a “ticking time bomb,” for the first time details the extent and gravity of Depa’s behavioral problems, his chronic assaults of other students and staffers, whether at his group home or at school, his violence and extreme sensitivity to racial prejudice, and the lack of control by the school over him since he enrolled in 2021. It also details how long Depa went without an Individualized Education Program, and to what extent the IEP and his faculty team lacked either the will or the know-how to manage him.
“This is an ongoing problem. It’s not just Brendan, where there are a lot of families that are frustrated that their IEPs are not being followed,” Leann Depa, Brendan’s mother, said in an interview Wednesday evening. She had spoken with others who’d pulled their children from Flagler schools because their IEPs were not being followed. “This is happening to Brendan, but Brendan represents a lot of other kids who are in the same boat.”
Superintendent LaShakia Moore declined to discuss the matter this evening. “Once we receive the information, we will respond accordingly,” Moore said.
The school did not seem to have any control over Depa, who was “allowed to do whatever he wanted with little to no intervention or consequences,” the complaint states. “The district had the responsibility to intervene. If the plans in place were not working, they needed to be reviewed and revised. If the placement was not appropriate, the district had an obligation to change it. If the supports and services were not sufficient, the district had an obligation to increase or change them. To allow B.D. to continue to escalate only lead to the incident where the paraprofessional was harmed and B.D. was arrested. Had these issues been addressed in real time, B.D. would not have harmed the paraprofessional and would not have been arrested and facing significant time incarcerated.” (The lawsuit uses Depa’s initials throughout.)
The complaint is not flattering to Depa in the least. It is not intended to be: he had deep-seated problems. It documents his numerous outbursts, his habit of spitting on those who offended him, of threatening them with harm or death, and at times of attacking them physically and having to be restrained or repeatedly suspended.
But the suit also paints a school dismally shrugging its shoulders, applying cookie-cutter discipline, ignoring recommendations in the private reports of psychologists his parents submitted, delaying the development of his IEP and avoiding the rigors of behavioral management for someone like Depa, whose triggers were well known but not addressed. Depa has “a long history of trauma and mental health issues along with several diagnosis of disabilities that impacted him in the school setting,” the suit states. He’d been Baker Acted several times and spent a year in a residential program with 24/7 treatment and supervision before he was enrolled at Matanzas High School.
“He would run away, ignore directives, spit at adults and peers, and physically charge at people,” the complaint states. “He did receive a few days of suspension but discipline alone does not work to change problem behaviors. Discipline removes a student temporarily but does nothing to address the problem behaviors and provides no instruction on how to express oneself, regulate oneself or follow the classroom and school rules. The district’s failure to properly intervene is the reason the paraprofessional was injured and the student was arrested. The trajectory is clear. Had the district intervened at any of these points, would have prevented the eventuality of what occurred.”
After he enrolled at Matanzas in December 2020–he did not start attending until the following year–his mother submitted psychological evaluations about his previous settings describing his mood difficulties, problems with anger and anxiety, with emotional control, depression and other disorders. The reports recommended specific strategies, noting that “sources of anxiety and sadness need to be a core component of treatment.”
“It is not clear that the school district did anything with this report or its recommendations,” the lawsuit states. Nor is it clear why the school “did not place him in a more restrictive placement.”
He was almost immediately suspended after starting school in 2021 after threatening students and injuring an employee. A pattern was just as immediately set: more incidents, more assaults, a tendency to leave class, flout directives and rules and feel as if he could do whatever he pleased. “The trajectory is clear. Had the district intervened at any of these points, would have prevented the eventuality of what occurred,” the complaint states before detailing the February 21, 2023 incident involving the teacher’s aide, who discussed with a teacher disciplining Depa over his electronic game, all in front of other students. When he tried to defend himself, the lawsuit states, the faculty ignored him. He spat on the aide. She left the room apparently to lodge a complaint with the administration. Depa followed her, and attacked her.
“The school and staff working with him and the district knew that the electronics, specifically the Nintendo and its use on a school campus was a trigger for escalating behaviors. Its usage was sometimes allowed as a reward and in free time but sometimes it was not allowed. There was no consistency, and it would be confusing for any student, but especially B.D. It was a source of great problems and problem behaviors. This was never addressed in the student’s behavior plan and the private [psychologists’] documentation, concerns and warnings appear to have been completed disregarded by the district and staff working with B.D.”
The suit is technically filed by Depa himself, but it is primarily the work of his attorneys on behalf of Depa’s family, who are seeking a finding from the Division of Administrative Hearings, commonly known as DOA, that the district violated his rights under the federal Disabilities Education Act and that he was denied a free appropriate public education under the law known by its acronym, FAPE. The family is looking to have Depa placed in a proper environment–a behavioral therapeutic school–at the district’s expense, and reimbursement for expenses incurred so far, including legal expenses.
Leann Depa said in the interview this evening that she had put off the civil action for a long time to focus on the criminal case, which had originally been scheduled for Sentencing on January 31. It was twice rescheduled, as some witnesses were not available on earlier dates. Meanwhile the legal deadline for filing the civil action was approaching, making the filing necessary.
“This is nothing against Joan,” Leann Depa said, referring to the teacher’s aide. “This is against the district accepting someone who they didn’t have the resources for, and they didn’t provide the resources. I think it’s easy when you look at his history and you look at his size, they should have had other resources.”
Locally Matt says
He belongs in jail.
billy says
Yupp
Actions have Consequences.
If his Mother Failed him , thats on her
The School System is there to help people so far.
You want more , you pay for it
That’s always been the way , ALWAYS.
He made a choice and had he been faced with Consequences in his life.
He would have made a different Choice.
Karin Fox says
The point you seem to be missing here amongst all of your random caps is that the school system did NOT help him, as they are required to do under FEDERAL LAW. He’s disabled, and the school blew off the laws intended to help him. The school must be held accountable. It’s not about his mother 🙄
Jay Dubya says
The school was put in an impossible situation to begin with. Anything they’d have attempted to do would have been called racist or discrimination. Plus, the kid sounds like whatever they did, he’d have found a way around. I doubt there’s anything wrong with the kid other than that he’s never been taught anything at home other than that he can do whatever he wants and get away with it. Now, his fambly is suing the school district, which was probably the plan all along. I hope the monster gets 20 years to grow up in prison.
Pat V says
Yes he does, civilized society needs to be protected. This cash grab by a violent criminal is disgusting, if he wins the money should go to his victim. Hopefully this will be dismissed and he’s charged all court costs and attorney fees.
Jay Dubya says
Absolutely, 100% correct.
He should get 10 to 20 years.
William Stonehocker says
Prison and autism don’t mix very well.
Local double taxpayer says
The aid needs to turn around and sue him for the attack and take every penny he gets from the school system. Our taxes will pay for it so she might as well get it for being attacked.
The Sour Kraut says
Seems everyone is responsible for the attack except for Brendan Depa. Yes, there were failures in the system, but only one person beat the crap out of another person.
billy says
Failure in the system is No Consequences if you’re Special enough.
I dont mean like Special Ed i mean anything but white that makes you stand out.
I’m a Gay Native on the Spectrum so when needed i can say what i want to whomever i want and get away with it.
I dont choose to do that unless a White Privileged Liberal speaking for all mankind about Racial issues steps on my dick and makes it a problem. The fact that anyone gets away with that is part of the problem.
The irony is the White people now get what its like to be Native
To have people on your land disrespect you and have to take it on the chin
Karin Fox says
Regardless of your color, background, gender, etc etc etc you don’t get to decide what laws are followed- and you clearly know zilch about disability or federal law. I think that maybe you should do a little research before commenting, or just stop commenting, b/c your comments here scream “I know nothing!!”
Pat V says
Hopefully Trump wins then say goodbye to all this woke disability nonsense
Randy Bentwick says
If he wins the lawsuit just give him a voucher.
William Stonehocker says
This is proof that Brendan was better off being homeschooled because he did very well there. Also, when will an ECHO employee as well as his father tell their side of the story?
The dude says
Good.
I hope he wins.
Rws says
I’m hoping he does win, and get a good settlement so the school side he attacked can also sue him for aggravated battery on her. Take away every penny he gets so he becomes a vagrant on the streets.
TR says
People always have to blame someone else instead of taking responsibility for their actions. For years this country has become so sue happy for everything and I believe some of it is because all the lawyers on TV and the radio giving people the idea they can get money. Dan Newland, Morgan & Morgan, and even the local lawyer Katz & Green. Don’t get me wrong their are plenty of legitimate law suits, but there are a bunch that are just ridicules. But I agree with Local double taxpayer.
Endless Dark Money says
we are failing as society. Kids didnt get the healthcare, welfare, or education they should/could have. Protect a fetus and not care about the child after birth said the republicon. So a foster kid who doesn’t get the care they need acts out. Big surprise, this is why as a society all other developed nations provide care. Not saying what he did was ok, but mental health gets a stigma and is way under treated. The truth in america is if it ain’t profitable we don’t care and that includes kids. Now defund his school and ban the books. show us you really care lol. I’m sure the school could do more but when you lack resources have to cut stuff somewhere. small man ron and his magat friends bad laws will be hurting Florida for a long time. Dumpster fires always smolder.
ASF says
The one good thing that could come out of this lawsuit is that it might be a first step towards making all of us more accountable for the way that the needs of our children–especially those most vulnerable–are being addressed. Our schools and other insitutions are mirror reflections of us, the tax paying public.
MeToo says
I feel bad for the aid but this school district IGNORED the warnings. I hope Depa wins this suit. He does NOT belong in jail. I bet you would feel differently if this was loved one of yours. He very obviously has issues and they were ignored. Such a sad life for this young man. My heart goes out to him and his family. This case is in my prayers.
The Sour Kraut says
I feel bad for him too, but I bet you would feel differently too if it was your loved one on the receiving end of the beating.
cause and effect says
Considering this school has a history of improperly training staff and putting those people in harms way by actively ignoring the needs of the more violent students she should probably sue the school District as well. And then she should also sue ECHO who increasingly takes on more unstable clients because the more violent they are the higher the payout is for their care. If those core issues aren’t addressed we are going to see more and more of this in the future.
Skibum says
There are so many things that could be said about this lawsuit, but I’ll sum it up in one word… RIDICULOUS!
Karin Fox says
I see a lot of commenters here demonstrating not only their lack of knowledge of federal disability laws, but their complete lack of compassion.
This disabled kid never received the help and support that he needed…and that is MANDATED BY FEDERAL LAW. Last I checked, Florida is still part of the United States, so they must comply with laws to help children get what they need. Year after year, grade after grade, rather than use evidence based techniques and trained personnel to teach him, he was simply punished. Disciplined. Since when does discipline teach? Baker Act, a year in a psych hospital, using video games as reward/punishment…none of these things worked. Rather, they exacerbated his issues! Yet the school continued its “program” of do nothing beyond punishment, with no regard for helping this student (they had options!) or keeping those around him safe. Now he’s in jail. This isn’t how it’s supposed to happen in this country, and those responsible for this must be held accountable. THEY. HAD. OPTIONS. This pattern of ignoring the needs of disabled kids in violation of the law, resulting in others getting hurt and disabled students rotting away in jail NEEDS TO STOP.
Just Vicki says
At the end of the day , He had no business being in a school that is not equipped for his medical and behavior issues . He should have been home schooled. There are teachers AND students beat up daily in the public school system because of kids like him. The system is broken because they school system has no power to turn them away, when they clearly have a pattern of anger and aggression issues . there should be a facility / hospital type setting to accommodate those students so they are SEPARATED from the other students for their protection ( who’s protecting the staff and the student ??? – aren’t they just as important ) we need a place where there is strict policies , restraints and medical resources in place./ where discipline can help them because I can assure you that teachers can only discipline to a certain degree ….. Maybe us parents should advocate for that. Better yet maybe this parent should look into that instead of blaming his issues on this school system.
The law suit should be dropped. It’s a slap in the face to the aid that was brutally beaten and all of the children and staff that is effected by this kid and many others left in the care of a small school system.
William Stonehocker says
Brendan was previously homeschooled by his mother, and he was doing well there.
Pat V says
Till he got violent with his own family and they couldn’t handle him
Jaime Bassman says
The more challenging the student, the harder a district needs to work to either try to understand why they are in fight or flight mode all the time or how to find a more supportive placement . They are legally obligated to provide enough support to a child with a disability, even at 18 in order to prevent this level of harm to everyone involved
Just Vicki says
The staff can only do so much…. In this case especially there is a pattern and a constant issue with his behavior. There is always room for improvement and to grow and learn from situations. But saying this system is responsible for what this kid / man had done to this aid and the many others he brutalized is absolutely absurd. The law suit should be dismissed based on his record alone. We need to protect the teachers and students from this type of child.
LMT says
The district failed this kid all along and should have provided the support he clearly needed to get an education. This happens all across this country and districts keep getting away with it. I hope the young man
Sarah says
Going thru same thing school is blaming the home. And why do people think gaming in school is OK. I hope and pray that this would be a eye opener for all schools these kids are special needs sometimes they can’t speak out what there needs are .so they act out. I just hope he gets the help he needs and for all the school get on broad with this problem. Stop playing the blame game and but on your big boy or girl pants
dave says
And everyone forgets about the victim. This kid knocked her down in the hallway and beat her unconscious and pummeled her until staffers separated him from her. She should sue the County and the kids parent(s).
Sarah says
I’m sorry for the helper. I blame that on the school for not teaching them how to handle kids like him but there again they need to fellow what there iep states and they knew his problems the school were I’m from just think we will keep him home no cares and don’t even come by your side to help you get through people don’t know what it’s like raising a child who has a add. odd. and autism. So don’t judge.
cause and effect says
I hope the para that was attacked also sues the school. And ECHO needs to be held liable as well. They strip these programs of all the funding and necessary supports to keep everyone safe and then when sh*t hits the fan they act as if they didn’t ignore all the measures that would’ve prevented this in the first place. This isn’t the first time a staff was brutally attacked at Matanzas by a special needs student. This is just the first time it was caught on camera. They didn’t care enough then, and the only reason they are pretending to care now is because of the attention on them. At the end of the day, the only thing that motivates these people is money so if they have to be sued left and right in order to they take things seriously then so be it.
William Stonehocker says
I think what needs to happen this that an employee from ECHO tells their side of the story.
John Wilford and Reba Johnson were also accused of attacking their teachers, but one got probation and the other was unfit to stand trial. Think about it, they’re both white and their attacks were not caught on camera.
Steve says
Because he filed a lawsuit I hope he goes to jail now
Nancy says
Sorry, did we all see the same video?! He hit that poor woman so hard he practically LAUNCHED her across the hallway! It took several people to pull him away from her, and he still kept on hitting her. Body camera footage from that day caught him saying “Stupid (expletive) I’m going to (expletive) kill you.”
And if the Nintendo whatever was a trigger for escalating behaviors, why did he have it on him in the first place?! It’s not just the teachers that have to enforce this policy, it also has to be followed through AT HOME.
William Stonehocker says
It was Barbara Buchanan that requested the group home send the Switch into the school.
Smith says
Too bad he didn’t bash his civil suit Attorneys up side their head. How much money will Mr. Morgan an Morgan weed legalization effort profit All the stoned drivers an slip an falls caused by weed. Yes
Mr. Moegan arrest an enforcement is ridiculous, decriminalize! Remember a vote for Kamala is another loop on the thrill ride.