Regardless of his decision later this month, Florida Judge Terence Perkins will likely face outrage.
Veteran Flagler County officials have been in the national spotlight for the polarizing case of Brendan Depa, an autistic teenage student who brutally beat his teacher unconscious last February with a Nintendo Switch.
Perkins will sentence Depa on Jan. 31 — and could impose a term as light as probation or as much as 30 years in prison.
The 270-pound teenage victim, Joan Naydich, has never wavered in calling for the maximum term — and reiterated that stance in an exclusive interview with The Post this week.
The mother-of-two suffered five broken ribs and concussion in the attack, and continues to struggle with vision and hearing complications.
“He definitely needs to go to jail,” Naydich said, noting that he has lost his income, health insurance and benefits following the virus attack. “He needs to go to jail for what he did to me. I’m in my own prison every day I wake up.”
Depa faces up to 30 years in prison for the attack. Flagler County S
But Depa’s foster mother, Leanne Depa, told The Post this week that her son has been in jail for nearly a year since the attack — and that extra time was ineligible.
“This should not be a criminal case,” he insisted, arguing that his actions stemmed directly from his disability and were triggered by deviations from his school-approved treatment plan.
“I don’t blame Joan,” he said. “I don’t blame Joan at all for what happened. I blame the district. It’s a systemic problem. There is not enough funding and there is a shortage of professionals.”
The child’s occupational therapist, who lives near Tampa, said she adopted Depa when he was just six months old.
The tot first showed signs of behavioral problems in kindergarten, throwing tantrums that resulted in repeated calls home from his teacher.
Naydich has rejected the maximum sentence. Nigel Cook/News-Journal/USA TODAY NETWORK
Leanne decided to teach him at home, supplementing his education with several cooperative classes with other children for certain subjects.
“There were some problems at home, but overall it was going well,” she said, adding that she and her husband refused to give him medication at the time. “We take care of it.”
But Depa’s condition worsened around the age of 14, with his tantrums becoming increasingly intense and sometimes violent.
Furious and at the same time besieged by another family health crisis, her mother decides to try some of the recommended medications to curb her outbursts.
But his condition only worsened with the new substances coursing through his brain.
I believe that I will not go to additional prison. NewsNation
“It became a nightmare,” he said, recalling that Depa sometimes wrapped a towel around his head to protect himself from ghost flies and insects.
He became increasingly unpredictable, and the family had to call the police several times.
With the condition now unmanageable, Depa placed him in an autism hospital in South Carolina at the end of 2019. Long avoiding the crowded atmosphere and commotion, Depa struggled to adapt to his surroundings.
Joan Naydich suffered five broken ribs as a result of the attack. David Tucker\News Journal / USA TODAY NETWORK
The onset of the COVID-19 pandemic prevented visits, deepening her isolation and frustration, Leanne said. Fighting and violence continued to rage.
He was eventually released from the facility, but Depa was again reluctant to introduce him back into his home. Her husband had a serious heart problem at the time, and their son’s unpredictability made him a deadly liability.
They finally placed him in a Palm Coast group home in November 2020, where Depa can have his own room, television and gaming devices. Although still prone to hyper-emotional episodes, he appears stable.
Naydich suffered a concussion and five broken ribs in the vicious attack, which was caught on school surveillance cameras. Joan Naydich
Depa said he was opposed to sending Depa to a traditional public school, but the home had the final say. The teenager ended up at Matanzas High School and was assigned to a special education class.
Together with his family, school officials drew up an Individual Education Plan for Depa that would meet his needs.
Naydich began working with him as a paraprofessional in February 2022, assisting his primary teacher.
Perkins will sentence Depa on Jan. 31 in Flagler County. @TheFlaBar / X
About a year later, he would attack her after a dispute over the use of the Nintendo Switch.
In February, he accompanied Depa to his only public class, a cyber security course.
A substitute teacher grew irritated after Depa repeatedly took out his gaming device, prompting Naydich to send a message to his head teacher that taking the Switch to another class was imprudent.
When they returned to Depa’s regular special education classroom, his teacher brought up the issue — angering the teenager and starting an attack.
Joan Naydich said the teenager’s supporters were overstating their limits. Ralph Notaro/MEGA for the NY Post
Leanne said her IEP mandated that she should not have any electronic devices at all because she would throw tantrums every time they were taken away.
He also argued that his plan advised against discussing his behavioral issues in group settings.
“When it escalated to that level, his ability to contain it was the issue,” he said, saying a “gap in training” contributed to the chain of events leading up to the attack.
Naydich said this week that Depa’s supporters — including his mother — exaggerate his limitations and inability to understand his actions.
Brendan Depa’s mother says her son’s superior verbal abilities mask severe autism. Leanne Depa
“He’s not autistic like everyone believes he is,” she said. “They painted a picture of him that he couldn’t think for himself. He was working on his GED in prison and he almost had it…His mother had painted him a picture of him not being able to wear socks.”
Leanne insists that Depa’s advanced verbal skills mask the severity of his autism.
Several speakers were scheduled to speak on behalf of Naydich and Depa at the sentencing before Perkins’ decision.
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