Current Events > update on student who beat teacher almost to death over nintendo switch

(+) Yeah! (+)

https://tinyurl.com/2fp6ebc6

in a nutshell, teacher took the student's switch from him because he was being disruptive and then he beat the living hell out of her because of that.

(WARNING: the video in the link is very disturbing)

Student Brendan Depa pleads no contest in viral video beating of Matanzas teacher's aide

Brendan Depa, the ex-student accused of beating a teacher's aide at Matanzas High School in an attack that was captured on a viral video, entered an open no-contest plea at a hearing Monday.

Depa entered the open plea on the charge of aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison.

Circuit Judge Terence Perkins presided over the hearing at the Kim C. Hammond Justice Center in Bunnell.

Depa, with his hands cuffed and wearing an orange jail jumpsuit, both of which are routine for inmates at the county jail, stood before the judge.

Perkins asked Depa how he pleaded to the charge.

"No contest," Depa said.

Perkins then set the sentencing hearing for Jan. 31 at 1:30 p.m.

The open plea to the court means Depa's defense attorney has not reached any agreement with prosecutors on the possible sentence.

According to state sentencing guidelines, Depa faces a minimum of 34.5 months in state prison.

But Depa's defense attorneys could argue for a "downward departure" and ask the judge to sentence him to less time than the minimum. The judge is not obligated to sentence him to the lesser time.

Depa attacked paraprofessional Joan Naydich on Feb. 21, a beating that was caught on a school security video that went viral and drew international attention.

Depa, 18, is being held at the Flagler County jail on $1 million bond.

Depa stood next to his defense attorney, Kurt Teifke, as Perkins asked him routine questions before accepting the plea. One of those questions was whether he had read the plea. Depa said no.

Perkins told Depa to take a few minutes to read the plea. Depa's attorney said they had gone over the plea already but he sat down with Depa for him to review the plea.

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In a text message, Naydich wrote she will attend Depa's sentencing.

"The only thing I will say is that on Feb. 21, 2023, he changed my life forever," Naydich wrote. "I hope he is sentenced to the furthest extent of the law.

"Even though we are at this stage of the case I have no closure as of now as every day I face challenges that was brought on by his actions," Naydich wrote. "I do get to wake up every morning, even though he wanted me dead, and try to get through my day. All kinds of set backs including financially, and medically. It's been very challenging for my kids and I."

A GoFundMe account was established for Naydich soon after the attack and, as of Tuesday, it has raised $104,507 toward a goal of $110,000.

Glad I left teaching before something like this happened.

I don't understand why a no contest plea was accepted

34.5 months? Corrupt ass system

What does a no contest plea mean in this context?

Tyranthraxus posted...

I don't understand why a no contest plea was accepted

i wasn't aware until this article that the student was autistic
some states have different guidelines for autistic people who've been charged with a crime

Bold of the defense attorney to make the case for a less than minimum sentence without him even pleading guilty.

Umbreon posted...

What does a no contest plea mean in this context?

Hmm google says... means that you accept the conviction but avoid a factual admission of guilt.

Umbreon posted...

What does a no contest plea mean in this context?

In this context it means he's unwilling to accept accountability and admit to his wrongdoing.

The correct time to plead no contest is when you were hella strung out on drugs when you committed a crime and legit don't remember doing it.

what a sack of shit. He literally told the cops he'll do it again when he gets the chance. and worst thing about this stupid idiot? she wasn't even the one who took his switch away.

Umbreon posted...

What does a no contest plea mean in this context?

What it always does: not accepting culpability but also not arguing the charges. Basically it's the "say nothing" plea essentially refusing to argue the case in any way and letting the court simply pass judgment. "It is what it is," in legal terms.

Shouldnt be less than 3 years, but also shouldnt be too high if you want a chance at rehabilitation.

That video was brutal.

Sexypwnstar posted...

34.5 months? Corrupt ass system

Corrupt how?

Like who benefits from this being a lesser sentence. It's not like the kid is rolling in money or influence.

You can argue its not an appropriate sentence or that the law doesn't reflect the crime but I suspect there were mitigating factors. Either way, corruption seems like the wrong descriptor here.

I'm not sure when pleading "No Contest" (or "nolo contendere" in Latin) has any function, personally, but I've never had to stand before a judge and make a criminal plea. I usually only see people do this when they're dead to rights anyway but I have no clue what it's supposed to accomplish because they end up getting max or near-max sentences.

Fuckin' guard taking his sweet ass time to get there.

Solid_Sonic posted...

I'm not sure when pleading "No Contest" (or "nolo contendere" in Latin) has any function, personally, but I've never had to stand before a judge and make a criminal plea. I usually only see people do this when they're dead to rights anyway but I have no clue what it's supposed to accomplish because they end up getting max or near-max sentences.

I guess it's possible that the defense attorney is aiming for some kind of win in the appeals process and not admitting fault somehow helps. It's also possible, since the attorney represents the client but I don't think they can override the client, the kid is just absolutely refusing to acknowledge guilt and insisted on the no contest plea because the evidence makes it impossible to enter a plea of not guilty.

Solid_Sonic posted...

I'm not sure when pleading "No Contest" (or "nolo contendere" in Latin) has any function, personally, but I've never had to stand before a judge and make a criminal plea. I usually only see people do this when they're dead to rights anyway but I have no clue what it's supposed to accomplish because they end up getting max or near-max sentences.

Probably a plea deal.

pinky0926 posted...

Probably a plea deal.

May...be? Usually the prosecutor would push for the defendant to plead Guilty to lesser (or some of the) charges in a plea agreement, though. I can't recall when someone went No Contest for a plea deal (because No Contest is essentially saying that the evidence against the defendant cannot be sufficiently overturned through a proper defense but you will not accede guilt; if a plea of No Contest were offered by the prosecution then they believe they have enough evidence to secure the Guilty verdict in the first place).

pinky0926 posted...

Probably a plea deal.

It was an open plea. No agreement. Defense attorney was smart enough to know he'd lose at trial so he tried to save some face by moving straight to sentencing.

Whats the point of this farce when all he gets is a slap on the wrist. May as well just say that beating teachers as a minor is acceptable since thats how high schoolers interpret shit like this

lilORANG posted...

It was an open plea. No agreement. Defense attorney was smart enough to know he'd lose at trial so he tried to save some face by moving straight to sentencing.

There's also that weird bit at the end of the article where the defendant claims he hadn't been read the details of the plea, forcing the court to give him time to read it while the defense attorney is standing there saying that he already went over all of this with his client.

heres an article about the boy's mother giving another perspective to the situation. basically, he is autistic and was given too many drugs that affected his brain. in no way is the mother defending what happened, she's just explaining why it happened:

https://flaglerlive.com/brendan-depa-my-son-story/#gsc.tab=0

Brendan Depas Mother Tells Her Sons Story

It saddens us when things in our schools dont always go right or as planned. Our family is filled with concern for Ms. Joan Naydich, and we continue to pray for her swift recovery. Our whole family was horrified by what she endured. Nobody deserves this. We are sincerely sorry for our sons actions. We support the needs of students, educators, and staff to feel secure in their school environment.

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At the time of the incident at Matanzas, he was on six psychiatric medications, all of which can have devastating side effects. Bupropion HCL XL: irritability, false beliefs that cannot be changed by facts, having extreme distrust of people, seeing, hearing, or feeling things that are not there, trouble concentration. Clonidine HCL: anxiety, holding false beliefs that cannot be changed by facts, irritability, mental depression, seeing or hearing things that are not there. Ziprasidone HCL: agitation, irritability, abnormal behavior. Lamotrigine: agitation, irritability, other abnormal behaviors. Topamax: memory problems, nervousness, trouble concentration, unusual tiredness, aggression, agitation, discouragement, feeling sad or empty, irritability. Propranolol: anxiety, nervousness.

These are just one of the combinations of trials and errors he has been on over the years. While each of these medications are meant to improve psychiatric conditions, they can make them worse.

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Understand: what I am saying here in no way diminished my sympathies and regret for what Ms. Naydich endured at my sons hands. It was a horrifically violent act. It was an inexcusable act. But it was not an inexplicable act. And the determination for the acts consequences should not depend more on what media sensationalism and public demands for revenge have made of it than on at least some consideration for the weeks and months and years of ordeals and challenges that seemed to converge in that eruption last February, with Ms. Naydich paying the heaviest price.

The problem starts with insurance companies denying hospitalizations until families are at a breaking point and denying continued treatment before patients are ready to be safely back in the community. Additionally, intensive behavioral group homes lack better schooling options for children with intensive behaviors. Lastly, the schools missteps with the IEP and behavioral support plan, which was designed to ensure Brendans and staffs safety, were not of small consequence.

Solid_Sonic posted...

May...be? Usually the prosecutor would push for the defendant to plead Guilty to a lesser (or some of the) charge(s), though. I can't recall when someone went No Contest for a plea deal.

like i said earlier, there's probably some kind of mitigating factors here due to autism.
all the headlines say "teacher" but the article states she was a paraprofessional, which is typically a classroom aide designated to attend to one/a few particularly troubled or otherwise handicapped children the entire day. so if she was his para, he's got at least a fairly significant level of impairment.

Wish he had gotten longer but at least no other teacher will have to worry about his outburst again. And as an adult wont be treated as kindly as he was before if he tries this stunt again.

Prismsblade posted...

Wish he had gotten longer but at least no other teacher will have to worry about his outburst again. And as an adult wont be treated as kindly as he was before if he tries this stunt again.

There hasn't been a sentencing hearing yet. We don't know how much time he will get.

If the purpose of that letter from the mom was meant for us to be more sympathetic, I think it backfired. She had a strong start at the beginning, blaming a combination of her son's disability and his medication, but then we get to the end and she starts to rattle off how everyone else in society is at fault and she just loses me.

lilORANG posted...

In this context it means he's unwilling to accept accountability and admit to his wrongdoing.

The correct time to plead no contest is when you were hella strung out on drugs when you committed a crime and legit don't remember doing it.

It's also for like traffic tickets and shit when you "just want to pay the fine"

To the folks asking about the no contest plea, the primary purpose behind the plea is to avoid accepting culpability without disputing the charges. The practical consequence of a no contest plea is that in a civil case arising from the same facts (say the teacher filed a civil lawsuit for battery, etc), the plaintiff (generally) may not bypass the burden of proof by using a guilty plea as an admission of guilt/liability.

ThePieReborn posted...

To the folks asking about the no contest plea, the primary purpose behind the plea is to avoid accepting culpability without disputing the charges. The practical consequence of a no contest plea is that in a civil case arising from the same facts (say the teacher filed a civil lawsuit for battery, etc), the plaintiff (generally) may not bypass the burden of proof by using a guilty plea as an admission of guilt/liability.

So, one possible reason for it is to make it more difficult for the teacher to sue to cover medical costs?

s0nicfan posted...

If the purpose of that letter from the mom was meant for us to be more sympathetic, I think it backfired. She had a strong start at the beginning, blaming a combination of her son's disability and his medication, but then we get to the end and she starts to rattle off how everyone else in society is at fault and she just loses me.

Eh, I dunno. From your words I was expecting her to start rambling about vague issues that "made" her son the way he is but she did actually hit targeted criticisms of specific programs and the lack of access or effectiveness they had in behavioral management.

God, I hope they throw the book at this loser

s0nicfan posted...

So, one possible reason for it is to make it more difficult for the teacher to sue to cover medical costs?

Basically requires you to go through the rigmarole of trial.

Granted, the conviction itself can be used as evidence, but that isn't immediately dispositive like an admission (guilty plea) would be.

All that notwithstanding, the kid would almost certainly be judgment-proof.

Frankly I'm more concerned for the injured woman. The school board seems to have just kicked her to the curb.

Solid_Sonic posted...

Eh, I dunno. From your words I was expecting her to start rambling about vague issues that "made" her son the way he is but she did actually hit targeted criticisms of specific programs and the lack of access or effectiveness they had in behavioral management.

You can't follow up "it was an inexcusable act" with "and here are all the failures from every else that led us here." Also, since he didn't actually plea not guilty, she doesn't have to actually prove any of these claims. She can just... state them and expect people to take them into consideration.

s0nicfan posted...

If the purpose of that letter from the mom was meant for us to be more sympathetic, I think it backfired. She had a strong start at the beginning, blaming a combination of her son's disability and his medication, but then we get to the end and she starts to rattle off how everyone else in society is at fault and she just loses me.

No she didn't. She blamed the lack of schooling options and the school's failure to implement the education plan. It was specific.

ai123 posted...

No she didn't. She blamed the lack of schooling options and the school's failure to implement the education plan. It was specific.

if that's true and she can prove it, the (legal) fault may ultimately lie with the school
ignoring IEP is fucked up

s0nicfan posted...

If the purpose of that letter from the mom was meant for us to be more sympathetic, I think it backfired. She had a strong start at the beginning, blaming a combination of her son's disability and his medication, but then we get to the end and she starts to rattle off how everyone else in society is at fault and she just loses me.

This.

The mom is an enabler in disguise. Disgusting.

ArsGoetia posted...

if that's true and she can prove it, the (legal) fault may ultimately lie with the school
ignoring IEP is fucked up

I was a high school teacher. I'll tell you, if an IEP was actually being ignored, the ability to prove that lies solely with the parent and student.

IEPs/504s in high school are usually written to be quite vague in an effort to "take the training wheels off" to try and treat them like normal kids before they exit high school.

Also, most IEPs (speaking as a former English teacher) contain only the following accommodations:
1. Extended time
2. Preferential seating
3. Chucked assignments
4. Separate seating for testing

That's basically it. There's a few exceptions. All other forms of accommodations are illegal. (At least in NC.)

ai123 posted...

No she didn't. She blamed the lack of schooling options and the school's failure to implement the education plan. It was specific.

An IEP will not stop an 18 year old from becoming violent.

She is victim blaming and is a piece of shit.

Spiritlittle posted...

This.

The mom is an enabler in disguise. Disgusting.

I have an autistic cousin. Having an austic son is very draining mentally. She is asked to have patience from society but not the return. I know this issue is delicate but school systems everywhere are underfunded to handle austic children. My cousin did way worse than this kid here but not to an authority figure. I'll skip the details but some really lack the reasoning on why they see this as wrong. Their view of the world is fractured at best.

Scardude posted...

I have an autistic cousin. Having an austic son is very draining mentally. She is asked to have patience from society but not the return. I know this issue is delicate but school systems everywhere are underfunded to handle austic children. My cousin did way worse than this kid here but not to an authority figure. I'll skip the details but some really lack the reasoning on why they see this as wrong. Their view of the world is fractured at best.

Great, so we should put other people at risk because "the world failed him"?

Kimbos_Egg posted...

Great, so we should put other people at risk because "the world failed him"?

https://gamefaqs.gamespot.com/a/forum/d/d850305a.jpg

Scardude posted...

I have an autistic cousin. Having an austic son is very draining mentally. She is asked to have patience from society but not the return. I know this issue is delicate but school systems everywhere are underfunded to handle austic children. My cousin did way worse than this kid here but not to an authority figure. I'll skip the details but some really lack the reasoning on why they see this as wrong. Their view of the world is fractured at best.

Here's the harsh reality - nobody gives a damn.

Everyone has their own problems, disorders, health, etc.

I have taught plenty of autistic students, and they've all been good kids.

It it is true that a lot of people with autism literally cannot understand aspects of people or social culture, but at the end of the day, it doesn't matter. No one cares.

You have to find the ways to cope and interact properly, and the parent has failed to do that.

Spiritlittle posted...

I was a high school teacher. I'll tell you, if an IEP was actually being ignored, the ability to prove that lies solely with the parent and student.

IEPs/504s in high school are usually written to be quite vague in an effort to "take the training wheels off" to try and treat them like normal kids before they exit high school.

Also, most IEPs (speaking as a former English teacher) contain only the following accommodations:
1. Extended time
2. Preferential seating
3. Chucked assignments
4. Separate seating for testing

That's basically it. There's a few exceptions. All other forms of accommodations are illegal. (At least in NC.)

my son's/stepsons provisions include a *lot* more than that, especially regarding what to do during a meltdown

ArsGoetia posted...

my son's/stepsons provisions include a *lot* more than that, especially regarding what to do during a meltdown

That would be an exception. But that so means that child would have to be co-taught with an EC teacher.