Cynthia Murphy wrote the following letter to Circuit Judge Terence Perkins after the first part of the sentencing of Brendan Depa in May. Depa pleaded to a first degree felony charge of aggravated battery of a school employee following the February 2023 beating of Joan Naydich, the paraprofessional assigned to him at Matanzas High School at the time. Depa is severely autistic.
Murphy’s son Tristin, who was schizophrenic, had been sentenced to a three-year prison sentence in 2021 for a littering charge after driving a truck into a pond. He killed himself in prison with a chainsaw. The judge who had sentenced him, now-retired judge Scott Cupp, regretted the sentence. “I could say this now because I’m off the bench. Does it seem a little excessive? Yes, it does. Yes, it does,” Cupp told CBS News Miami, which had produced a documentary on Tristin Murphy’s death. “Could there have been another way to deal with that and handle that? Absolutely.”
The second and final part of Depa’s sentencing hearing is scheduled for Tuesday morning before Perkins. Cynthia Murphy’s letter is reproduced here as it was sent to the judge.
Byway of introduction, my name is Cynthia Murphy. In 2021, my adult son Tristin Murphy used a chainsaw to kill himself in a Florida prison. I am writing to you today to make sure that you understand the danger that awaits Brendan if he is sentenced to the Florida Department of Corrections (FDC). Specifically, I am asking you not to believe Dr. Suzanne Klein’s glowing account of FDC’s mental health services. While I applaud the aspirational nature of it, it is not reality.
My son, Tristin Murphy, suffered from schizophrenia and had a documented history of mental illness. On December 17, 2019, Tristin drove his truck into a pond at the Charlotte County jail. Rather than recognizing Tristin’s mental illness and diverting him for mental health treatment, the local prosecutor charged him with felony littering. After being adjudicated incompetent to stand trial, being sent for competency restoration and treatment and returned to the Charlotte County jail, Tristin pled no contest and received a three-year prison sentence with credit for time served.
Tristin was transferred to the South Florida Reception Center (SFRC) in Miami on July 15, 2021. Tristin’s medical records show that for at least six days after his arrival, he received none his prescribed psychotropic medication. On July 22, 2021, an intake interview was conducted by a Psychiatric Advanced Practice Nurse in which she noted that Tristin was speaking to himself, rambling about a man with no skin and about being tortured by the FBI, that he was wringing his hands and rocking back and forth and was delusional, that he believed that someone else was in his head and was hearing voices.
That same day, a Mental Health Behavioral Specialist reviewed Tristin’s records and noted that he had a recent psychiatric hospitalization, that he was prescribed psych meds and had engaged in self-injury or attempted suicide. In a second entry she noted that he had attempted suicide in 2021 in the Charlotte County jail.
Despite these alarming findings, Tristin was assigned an S-3 classification, put on psychotropic medication and was assigned to a general housing unit. He never saw another mental health provider while in FDC custody.
On September 10, 2021, Tristin was moved to the South Unit of SFRC. For six days, he received none of his prescribed medications, causing him to become increasingly delusional. Despite this, on September 16, 2021, he was handed a chainsaw by a guard while on a work detail, which he immediately used to take his own life.
Written statements from inmates who witnessed his suicide indicate that he was clearly distressed and agitated that morning, that he was acting strangely and not in his right mind. (You can see some of these witness statements in the CBS Miami Documentary “Warehoused, the Life and Death of Tristin Murphy.” https://tinyurl.com/TristinMurphy).
Tristin died with only 15 months remaining on his sentence. What should have been a short sentence became a death sentence for Tristin. I do not want the same thing to happen to Brendan Depa.
The negligent care that Tristin received is not an anomaly. As you may know, FDC’s health care services have been privatized with Centurion of Florida, LLC being the current contract provider. There is a well-documented history of Centurion failing to properly assess and treat incarcerated people with mental illnesses at SFRC (and I doubt it is much better elsewhere). The FDC performs periodic contract monitoring of its services and sends its findings to Centurion in Contract Monitoring Reports (CMRs). The CMRs in the years leading up to Tristin’s death reveal widespread, pervasive, and systemic deficiencies in the mental health evaluation and treatment being provided at SFRC. Audits are also done by the Correctional Medical Authority (CMA). This is an independent state agency that conducts audits of the medical and psychological care provided to people incarcerated in the FDC. The CMA reports show severe deficiencies, corrective action plans put into place, re-inspections and repeated failures to correct deficiencies.
I was not in court when Dr. Klein made her presentation to you but I have a good idea of what she presented as I spoke right after her at a legislative hearing this Spring in Tallahassee. At that hearing, I heard her describe DCF’s Traditional and Intensive Outpatient Treatment, its Inpatient Mental Health Care and its Court-ordered Mental Health Treatment. I heard her describe the availability of psychotropic medications and the careful supervision of it. I heard her describe the individual counseling, the group therapy, etc. I heard her describe all the services that Tristin should have received but did not.
Tristin was 37-years old and had the life experiences of an adult. Yet, he survived only 63 days in the Florida prison system. I have never met Brendan and admittedly have limited knowledge of his mental health challenges or his abilities. But, knowing what I know about the Florida prison system, I have to wonder what chance an autistic 18-year-old with complicated mental health issues who has spent the majority of his life homeschooled has of surviving in a Florida prison.
May God give you courage, compassion and wisdom in deciding this matter. Sincerely,
Cynthia Murphy.
David S. says
OMG so sad. I saw the whole documentary. As for as I am concerned thats fine if you put them in jail for their crimes but continue to give them there medication , give them constant mental health care, never leave them alone and constant visit with family members.
Kat says
First of all, please accept my sincere condolences on the loss of your son. The advocating you are doing on behalf of Brendan and probably numerous others, is a wonderful way to honor his memory. I too hope that courage, compassion, and wisdom guide this judge.
Kathryn Lopez says
know about the Florida prison system, I have to wonder what chance an autistic 18-year-old with complicated mental health issues who has spent the majority of his life homeschooled has of surviving in a Florida prison.
May God give you courage, compassion and wisdom in deciding this matter. Sincerely,
Cynthia Murphy.
Brian says
So, correctional officers are not trained on who and who not to issue a CHAIN SAW?
Joe D says
As a former Nursing Division Chief of a State Adolescent Mental Health unit in a Psychiatric Hospital, and a Master’s prepared Clinical Nurse Specialist in Child and Family therapy, HOW, Under ANYONE’S judgement, would any inmate (much less one with diagnosed mental heath disorders), be handed a CHAIN SAW under ANY circumstances! If there were even workmen assigned to do repairs on my unit, they had to be assigned a one to one unit staff to supervise them! They couldn’t set down even a hammer or a screwdriver, they had to have the unit staff member hold it.
I’m so SORRY the system failed Tristan and his family (no meds for extended time periods? No regular therapy of counseling sessions even every 2 weeks?…we had it scheduled 3x/ week along with group meetings). Now, we got MANY referrals from the court system, and my state even had an ENTIRE Hospital designated in the prison system for inmates with significant mental health disorders. I haven’t seen such services in Florida but I’m too new, and now retired.
Although in my opinion. Mr Depa should not be released (now anyway), into the community or “home detention”…that has already shown NOT to be successful, and in my opinion STILL seems to be a potential danger to others. But he should be transferred to a treatment center within the prison system (if any even exist in Florida). The idea, even NOW that he is on a general unit with just MEDS is unacceptable (unless I MISSED it in any of the prior articles). He should be getting formal counseling on a regular basis ( not just the court evaluations, but THERAPY)!
This ENTIRE case is upsetting for all involved….the teaching assistant victim, the school system, the defendant and his adoptive family.
The judge in this case seems to have to make the BEST decision out of MANY inadequate options.
Dochaass says
Put an autistic kid ( who maybe shouldn’t have been driving?) in jail for LITTERING? Sounds like Florida. Acknowledge his mental illness, but fail to follow up? Sounds like Florida. Hand a psycho a CHAIN SAW? Nice. Sounds like Florida. Cut a trench across the top and let it float away to Cuba.