Hearing delayed for Brendan Depa, teen accused in viral video beating of teacher's aide
A pre-trial hearing for Brendan J. Depa, whose beating of a teacher's aide at Matanzas High School was captured in a viral video, has been delayed.
The decision came after the defense said it needed more time to prepare for trial or reach a plea agreement and that it wanted to spare the autistic teen the "gawk of onlookers," according to a court document.
Depa was scheduled to appear at a hearing Thursday at the Kim C. Hammond Justice Center in Bunnell, but his defense attorney, Kurt Teifke, filed a motion to continue the hearing.
"Given that his additional work needs to be done, value to this autistic child that will likely be realized by being spared the gawk of onlookers during court proceedings (when all that would occur in court would be (a verbal) request for a continuance), the defense requests that the court grant this motion," stated Teifke's request.
Circuit Judge Terence Perkins granted the request and set a pre-trial hearing for Oct. 11.
Prosecutors did not oppose the motion.
Depa, 18, was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison. He is being held at the Flagler County jail on $1 million bond. Depa was 17 at the time of the attack, but was transferred from a juvenile facility in Jacksonville to the Flagler County jail on Aug. 22 when he turned 18.
Depa ruled mentally competent
Roger Davis, a court-appointed psychologist, testified at a June 16 hearing that Depa was mentally competent to stand trial. Davis also testified that Depa had been diagnosed previously with autism spectrum disorder, oppositional defiant disorder, intermittent explosive disorder, and attention deficit hyperactivity disorder.
Dr. Jessica Anderton, a psychologist called by the defense, said Depa was not competent to proceed.
Judge Perkins ruled that Depa was mentally competent to proceed.
The beating at Matanzas High School
Depa attacked paraprofessional Joan Naydich on Feb. 21, a beating that was caught on a school security video that went viral. Police reported the attack was due to Naydich taking Depa's video game, but Naydich said that was not accurate.
In the attack, the video shows a male identified as Depa walking quickly up to Naydich, knocking her off her feet and onto the floor, and beating her as she lay unresponsive. People intervened and separated the male from Naydich.
He later threatened to kill her as he was being led away, the arrest affidavit states.
This article originally appeared on The Daytona Beach News-Journal: Palm Coast teen's hearing delayed in beating of Matanzas teacher's aide
