Defense questions competency of student charged in Matanzas High School attack
An attorney has filed a motion asking that experts examine the mental competency of a Matanzas High School student accused of beating a teacher’s aide in a viral security video. The attorney wrote he believes the student is mentally incompetent to proceed in the legal process.
Brendan J. Depa, 17, was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison, in the attack on a paraprofessional. The News-Journal is naming Depa because he was charged as an adult.
Defense attorney Kurt Teifke filed a motion Friday titled “suggestion of mental incompetence to stand trial.”
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"Review of pertinent school, medical and mental health records, as well as information learned through the defendant as well as collateral sources (to include family members), leads the undersigned to have a reasonable, good faith belief that the defendant is not mentally competent to stand trial," the motion states.
Teifke also filed a plea of not guilty and requested additional time to file motions. The motion also waives Depa's appearance at his arraignment, which is slated for Monday morning at the Kim C. Hammond Justice Center. However, a notation on the court record indicates the case has been continued, which is routine when a defendant’s attorney files the plea ahead of the hearing.
A judge will rule a defendant incompetent to stand trial if the defendant is unable to help in his or her own defense due to mental health issues. The defendant is then committed to the custody of the Department of Children and Families and transferred to a state psychiatric facility for treatment. Once he is ruled competent, the legal case resumes.
The News-Journal contacted Depa's mother, Leanne Depa, who declined comment and said she had been directed to refer all calls to Teifke.
Teifke has not yet returned a call from The News-Journal.
Depa has a pre-trial set for April 5. He is being held in the Duval County jail on $1 million bond. The Flagler County jail does not have a facility for juveniles.
The attack on Joan Naydich
Depa attacked paraprofessional Joan Naydich on Feb. 21, according to a charging affidavit. A school security video shows a male identified as Depa walking quickly up to a woman, knocking her off her feet and onto the floor. The video then shows Depa beating Naydich as she lays unresponsive on the floor. People intervened and separated Depa from Naydich. Depa later threatened to kill her as he is being led away, the affidavit states.
While the affidavit stated that Depa was upset because Naydich took away his Nintendo Switch, a GoFundMe for Naydich stated that she did not take the Switch from him.
Court documents indicate Depa was staying East Coast Habilitation Options, known as ECHO, a group home in Palm Coast. The organization’s Facebook page describes it as a “group home agency for behaviorally challenged children and young adults.” A help-wanted ad says the home “helps children, teens and adults with autism, intellectual disabilities, and behavior challenges.”
Depa had three prior misdemeanor battery charges in Hillsborough County.
This article originally appeared on The Daytona Beach News-Journal: Matanzas High School attack: Defense questions Brendan Depa's competency
