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Florida teen Brendan Depa files petition blaming Flagler County School District in teacher’s aid assault

A large autistic boy in Florida who brutally beat his teacher’s assistant unconscious over a video game was a “ticking time bomb,” lawyers said in a petition filed Wednesday against the student’s school. argued.

In the complaint, Brendan Deppa’s attorneys allege that paraprofessional Joanne Neidich was attacked by a high school student in the weeks before the February 2023 attack that left her with five broken ribs, a severe concussion, and hearing loss. They accused the Flagler County School District of failing to meet their needs.

Depa pleaded no contest to the assault that was caught on camera and faces up to 30 years in prison, but his lawyers say the district committed a series of violations and assaulted the disabled boy. He claims this only happened because he caused “serious harm.”

“The school district must be held accountable for the failures that forever changed the trajectory of this young man’s life,” the petition states. Retrieved from Flagler Livesays.

The Frazier County District did not immediately respond to the Post’s request for comment.

Attorneys for former Matanzas High School student Brendan Depa claim the school failed the teen before Depa violently beat a teacher’s aide in February 2023. Daytona Beach News Journal

The petition reveals a clear history of aggression stemming from Depa’s diagnosed emotional behavioral disorder, intermittent explosive disorder, mood disorder, ADHD, and autism spectrum disorder.

Matanzas High School administrators even determined that Mr. Depa was eligible for an Individualized Education Plan (IEP) and connected him to a board-certified behavior analyst, who also reported that Mr. Depa had assaulted staff and students. He admitted that he had tried to attack her and that he had been known to destroy property when upset.

Mr. Depa was disciplined for aggressive and violent behavior, including spitting on students, threatening students, leaving class without permission, and grabbing female staff members, but was not placed on a restrictive placement.

Mr. Depa took the teacher’s Nintendo Switch and was caught on surveillance camera beating him until he lost consciousness. Flagler County Sheriff’s Office
School staff rushed to the teacher’s assistant and tried to restrain Depa. Flagler County South

This bad behavior went unpunished until Depa, who is 6 feet 6 inches tall and weighs 270 pounds, punched Mr. Neidich in the school hallway, knocked him to the floor, and kicked and punched him more than a dozen times in the back and head. Ta.

“The school appears to have no control over BD, and BD is allowed to do whatever he wants with little to no intervention or consequences,” the petition states, adding that the school has no responsibility to intervene. He added that there is.

“Continuing to allow BD to escalate has only led to incidents where paraprofessionals are harmed and BD is arrested,” the petition continues. “Had these issues been addressed in real time, BD would not have harmed paraprofessionals and would not have been arrested or faced long periods of incarceration.”

The girl’s lawyers also alleged that Neidich was involved in her own brutal assault, which stemmed from an argument in a classroom after she reprimanded him in front of her peers. claims.

She later threatened to take away her Nintendo Switch, knowing that the then-17-year-old was the trigger, something she has repeatedly denied.

That’s when Depa spat on her, the petition states. Mr. Neidich ran out of her classroom and reported her for the alleged assault, prompting Mr. Neidich to follow her and begin attacking her.

“BD was a ticking time bomb,” the petition says.

Neidich shows off the facial scars he received during the attack. Joanne Neidich
The girl’s lawyers also alleged that Neidich was involved in her own brutal assault, which stemmed from an argument in a classroom after she reprimanded him in front of her peers. claims. Joanne Neidich

Mr. Depa’s lawyers also argue that the school district failed to provide the teenager with an education while in prison, including “compensatory education” and a program for students with severe disabilities. He is seeking payment of the cost of attending a behavioral therapy school and attorney’s fees. .

The teenager is scheduled to be sentenced in court on Wednesday, and Mr. Depa could face up to 30 years in prison, a sentence that Mr. Neidich has publicly supported.

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