FLAGLER COUNTY, Fla. — A student with autism, facing up to 30 years in prison for attacking a teacher's aide, has filed a lawsuit against the school district.
Brendan Depa, now 18, was a student at Flagler County's Matanzas High School in February 2023 when the incident happened. The attack was captured on camera inside the school and went viral, showing Depa knocking a teacher's aide unconscious, kicking and punching her before others rushed in to help. The trigger? — talk of taking away his Nintendo Switch.
The paraprofessional suffered broken ribs and a concussion.
Related: Student with autism faces 30 years in prison for attack on Flagler County teacher's aide
Depa's attorneys, who filed the complaint on Wednesday with Florida's Division of Administrative Hearings against the Flagler County School District, said the district failed to provide proper support and services to Depa before and after his arrest, as well as failed to provide proper training to the staff working with him.
Depa was in the special needs program and diagnosed with autism spectrum disorder, sensory disorder, behavioral/impulse control disorder, mood disorder, and ADHD.
Depa was raised in Hillsborough County before moving to Flagler County. Earlier this year, his mother, Leanne told the ABC Action News I-Team, “The group home was aware that electronics was a trigger for him. And in his school IEP, we stated that.”
In the suit against the school district, Depa's attorneys outlined his prior threats, violent behavior and aggressive language leading up to the attack, writing that he "was a ticking time bomb." The district’s failure to address his needs or have staff around him with the proper training resulted in the incident where the paraprofessional was hurt, and B.D. was eventually arrested.”
Depa was charged with aggravated battery of an education employee and has now been incarcerated for more than a year while awaiting his sentencing.
The complaint states, “The district should be held to account for its failures which have forever changed the trajectory of this young man’s life.”
The I-Team contacted the Flagler County School District but at this time, they have no comment.
As the civil complaint moves forward, Depa's sentencing for criminal charges is scheduled for May 1.
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