The petition filed by Brendan Depa’s legal team against the Flagler County School District claims that the school failed to meet the needs of the autistic high schooler, resulting in a violent attack on his teacher’s aid. Depa pleaded no contest to the incident that left the aid with serious injuries, and his attorneys argue that the district’s failures led to significant harm to the disabled teen. They believe that the district should be held accountable for the attack and the impact it has had on Depa’s life.
The petition outlines Depa’s history of aggression, which is attributed to several diagnosed disorders, including emotional behavioral disorder, intermittent explosive disorder, ADHD, and autism spectrum disorder. Despite displaying violent behavior and being known to assault staff and students, Depa was not placed in a restrictive environment. The school had not effectively addressed his actions until the attack on the paraprofessional occurred. His attorneys argue that the school failed to intervene appropriately, allowing the situation to escalate to the point of violence.
Depa’s attorneys also claim that the paraprofessional played a role in the assault by threatening to take away Depa’s Nintendo Switch, which was a trigger for him. After a verbal altercation in the classroom, Depa spit on Naydich, prompting her to report him for assault. This led to the violent attack in the school hallway. The legal team describes Depa as a “ticking time bomb,” suggesting that the incident could have been prevented with proper intervention and support from the school.
In addition to seeking compensation for Depa’s placement in a behavioral therapeutic school and education while incarcerated, the legal team is asking for attorney fees. Depa faces up to 30 years in prison for the attack, a consequence that the paraprofessional has publicly supported. The petition highlights the failures of the school district in addressing Depa’s needs and managing his violent tendencies, ultimately leading to a tragic and avoidable incident. It calls for accountability and proper support for individuals with disabilities to prevent future incidents.
