Regardless of his ruling later this month, Florida Judge Terrence Perkins is likely to face intense ire.
The veteran Flagler County employee has drawn national attention over the polarizing case of Brendan Depa, an autistic teenager who beat his teacher unconscious over a Nintendo Switch last February. .
Mr. Perkins is scheduled to sentence Depa on January 31st, and could impose a sentence as light as suspended sentence or as severe as 30 years in prison.
Joan Neidich, the 270-pound boy's victim, has never wavered in her push for the longest term, and she reiterated that position in an exclusive interview with the Post this week.
The mother of two suffered five broken ribs and a concussion in the attack, and continues to battle vision and hearing complications.
“He definitely should be in jail,” Neidich said, noting that he has lost income, health insurance and benefits due to the assault caused by the virus. “He should be in jail for what he did to me. I wake up every day and I'm in my own prison of sorts.”
But Mr. Depa's adoptive mother, Leanne Depa, told the Post this week that her son had already been in prison for nearly a year since the assault, and that extra time was wasted.
“This should never have been a criminal case,” she argued, arguing that his actions were a direct result of his disability and caused by deviations from a school-approved treatment plan.
“I don't blame Joan,” she said. “I'm not blaming Joan in any way for what happened. I'm blaming the district. It's a systemic problem. There's not enough funding, there's not enough paraprofessionals.”
A pediatric occupational therapist who lives near Tampa said Depa adopted him when he was 6 months old.
This child first showed signs of behavioral problems in kindergarten, throwing tantrums that resulted in her teacher calling her home multiple times.
Leanne decided to educate her son at home, supplementing his education with cooperative classes with other children on specific subjects.
“There were some disruptions at home, but overall things were OK,” she said, adding that she and her husband refused to give him any medication at the time. “We had it under control.”
However, Depa's condition worsened from around the age of 14, and his tantrums became increasingly violent and sometimes violent.
His mother, exasperated and at the same time suffering from other family health crises, decided to try some of the recommended medications to curb his outbursts.
However, new substances were rushing through his brain, and his condition only worsened.
“It became a nightmare,” she said, recalling that Depa would sometimes wrap a towel around her head to protect herself from phantom flies and insects.
His behavior became increasingly unpredictable, forcing the family to call the police several times.
When the situation got out of hand, Depa admitted him to an autism hospital in South Carolina in late 2019. Depa-san, who had long disliked crowded environments and noise, had a hard time adapting to the environment.
Liang said the outbreak of the coronavirus disease (COVID-19) pandemic made it impossible for her to visit, deepening her isolation and frustration. Conflict and violence continued to escalate.
He was eventually discharged from the facility, but Depa was reluctant to send him home again. At the time, her husband had a serious heart condition, and her son's unpredictability made him a potentially fatal liability.
Eventually, in November 2020, Depa was placed in a group home in Palm Coast, where he had his own room, TV and game console. He seemed stable, although he still had a tendency to be extremely emotional.
Depa said she is opposed to sending Depa to a traditional public school, but that the final decision lies with the family. The boy eventually attended Matanzas High School and was placed in a special education class.
School officials worked with the family to devise an individualized education plan that met Depa's needs.
Neidich first began working with him as a paraprofessional in February 2022, assisting the lead teacher.
About a year later, he assaulted her after an argument over the use of her Nintendo Switch.
In February, she accompanied Depak to her only general class, a cybersecurity course.
The substitute teacher became irritated when Mr. Depa repeatedly took out the game console, and Mr. Neiditch sent an email to the head teacher saying it was not wise to bring the Switch into other classes.
When they returned to their regular special education classroom at the department store, the teacher brought up the issue, enraging the boy and assaulting him.
Leanne said her IEP requires her to not have any electronic devices because she would be furious if they were taken away.
She also claimed that his plan advised her not to discuss his behavioral issues in group settings.
“Once it escalated to that point, his ability to control it was the issue,” she said, adding that “disparities in training” contributed to the sequence of events leading up to the attack.
Neidich said this week that Depa's supporters, including his mother, are exaggerating their inability to understand Depa's limits and actions.
“He's not as autistic as everyone believes,” she said. “They paint a picture of him as incapable of thinking for himself. He's working on his GED in prison and is about to achieve it… His mother is worried that he won't be able to put on socks. I drew a picture of him who couldn’t do it.”
Lean claimed that Depa's advanced language skills concealed the severity of his autism.
Prior to Perkins' sentencing, several speakers are expected to deliver judgments on behalf of both Mr. Neidich and Mr. Depa.
