Student Accused of Violently Beating Assistant in Viral Video Blames School in New Lawsuit: ‘Ticking Time Bomb’

The autistic Florida high school student accused of violently attacking a teacher’s aide over a Nintendo game has filed a high-profile lawsuit against the school district, accusing it of failing to make interventions to address his bad behavior, even though it was considered a “ticking time bomb.”

Brendan Depa, 18, filed a lawsuit against Flagler County Public Schools, accusing the district of failing to meet his needs before the shocking Feb. 21 incident that was caught on video and went viral.

Depa was 17 when he allegedly attacked teacher’s aide Joan Naydich at Matanzas High School in Palm Coast. Surveillance video released by the Flagler County Sheriff’s Office allegedly shows the 6-foot-6, 270-pound student running toward the teacher’s aide, pushing her to the ground, then continuing to punch and punch her. foot.

FLORIDA TEACHER’S AID ATTACKED IN VIRAL VIDEO EXPOSES HIMSELF BEFORE STUDENT’S CONVICTION

The teaching assistant was seen on the ground for several minutes before getting up with the help of others.

Naydich told FOX 35 Orlando she suffered five broken ribs, a severe concussion, hearing loss in one of her ears and other problems as a result of the beating.

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The incident was sparked after Depa was denied permission to use a Nintendo Switch console.

The complaint alleges that the district failed to address Depa’s disabilities through an appropriate behavioral plan on multiple occasions, ultimately leading to the attack.

“The district should be held accountable for its failures that forever changed the trajectory of this young man’s life,” the lawsuit reads.

He says he has a history of trauma and mental health issues, as well as several disabilities that affect him in the school setting.

“(Depa) is intelligent, but he has been diagnosed with autism spectrum disorder and communication deficits which have not been properly addressed. His explosive nature has also been ignored and his need for social and pragmatic language interventions n “has not been sufficiently taken into account”, we can read in the lawsuit. bed.

The complaint alleges that the school ignored Depa’s need for social and “pragmatic language” interventions and should have provided him with direct instructions on how to resolve his problems and express himself.

For example, he spat on one student and verbally threatened another student, telling them that the student had to die. He also said he should have shot a student. The lawsuit argues that the school failed to properly handle these incidents.

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“Had these issues been resolved in real time, (Depa) would not have harmed the paraprofessional and would not have been arrested and sentenced to significant incarceration,” the complaint states.

The suit alleges that a teacher’s aide and Depa exchanged words and the student was then reprimanded in front of his peers, only to be punished by being denied the Nintendo while other students were allowed theirs.

The school, staff and district knew that the Nintendo and its use on the school campus was a “trigger for escalating behavior,” prompting Depa to spit on Naydich, according to the filing.

When Naydic stormed out of class to report him for assault, Depa followed her and launched her vicious attack.

The teen filed a request for a due process hearing under the Individuals with Disabilities Education Act. It requests a determination that the actions of Flagler County Public Schools before and after February 2023 led to the violent incident.

A spokesperson for Flagler Schools told Fox 35 Orlando the district does not comment on the complaint.

Depa, who is charged as an adult, pleaded no contest late last year to a first-degree aggravated felony against an elected official or education employee that could carry a possible sentence which could lead to up to 30 years in prison. His sentencing is scheduled for May 1, Fox 35 reports.

Naydich denied taking away the Nintendo Switch from Depa and that he was actually angry because another staff member wouldn’t allow him to play it.

In addition to the physical injuries, Naydich says she has faced financial and emotional obstacles since the attack.

“Unfortunately, a lot of my injuries that aren’t visible, I’ll have for the rest of my life,” Naydich told FOX 35 Orlando, referring to slowed speech, patience issues and ” difficulties with what she considers to be a cognitive routine. functions.”

“Anyone who knows me or knew me (before the attack) knows I’m a totally different person now. My whole life has been turned upside down.”

Naydich obtained a permanent injunction for protection against repeated violence against Depa in March 2023.

Court documents obtained by Fox News Digital show Depa has three prior misdemeanor battery charges, in March 2019, April 2019, and June 2019. All of the misdemeanor charges come from the 13th Judicial Circuit, located in the county of Hillsborough.

For those charges, court records show Depa completed a program within the Department of Juvenile Justice.

Pilar Aris and Adam Sabes of Fox News contributed to this report.

Original article source: Student Accused of Violently Beating Assistant in Viral Video Blames School in New Lawsuit: ‘Ticking Time Bomb’