Brendan Depa was 17 on Feb. 21 when deputies say he attacked a teacher's aide
Florida deputies release video of student attacking teacher's aide who took Nintendo Switch during class
The Flagler County Sheriff's Office said that the physical incident happened at Matanzas High School in Palm Coast, Florida, on Tuesday, and said that a 17-year-old was taken into custody. (Credit: Flagler County Sheriff's Office)
The Florida high school student accused of violently attacking a teacher's aide for taking his Nintendo Switch pleaded no contest in court Monday, according to online records.
Brendan Depa, now 18 and being charged as an adult, faces a first-degree felony aggravated battery on an elected official or education employee charge that could be punishable by up to 30 years in prison.
Depa was 17 on Feb. 21 when he allegedly attacked a teacher's aide at Matanzas High School in Palm Coast, in an incident that was caught on video and went viral earlier this year.
According to WESH-TV, the teenager is considered a special needs student. Depa's lawyer, Kurt Teifke, told the Daytona Beach-News Journal that his client is autistic and "doing well," while still being held in the Flagler County Jail on $1 million bond.
Brendan Depa with his attorneys, March 9, 2023, during a hearing before Judge Chris France, at the Kim C. Hammond Justice Center in Bunnell. (David Tucker/News Journal/USA Today Network)
Joan Naydich walked with her council as Brendan Depa was escorted back to the holding cells, March 9, 2023, at the Kim C. Hammond Justice Center. Naydich sough a permanent injunction against the student accused of attacking her. (David Tucker/News Journal/USA Today Network)
The teacher's aide, Joan Naydich, was granted a permanent injunction for protection against repeat violence against Depa in March. In the petition for the injunction, Naydich said she suffered two broken ribs and multiple bruises as a result of the incident.
Circuit Judge Terence Perkins set Depa's sentencing hearing for Jan. 31, according to the Daytona Beach News-Journal.
"The open plea to the court means Depa's defense attorney has not reached any agreement with prosecutors on the possible sentence," the media outlet reported.
"What does that mean, an open plea?" Perkins reportedly asked the teen.
"We haven’t agreed on, like, a sentence, yet," Depa responded.
FLORIDA STUDENT WHO ALLEGEDLY ATTACKED TEACHER'S AIDE FOR TAKING NINTENDO SWITCH PLEADS NOT GUILTY
Deputies say the female teacher's aide took the Nintendo Switch away from Brendan Depa during class, which made him upset. (Flagler County Sheriff's Office)
Surveillance video released by the Flagler County Sheriff's Office allegedly shows the 6-foot-6, 270-pound student running up to the teacher's aide, pushing her to the ground, and then continuing to punch and kick her.
The teacher's aide is seen on the ground for several minutes before getting up with the help of others.
Court documents obtained by Fox News Digital show that Depa has three prior misdemeanor battery charges, in March 2019, April 2019, and June 2019. All the misdemeanor charges stem from the 13th Judicial Circuit, which is located in Hillsborough County.
For those charges, court records show that Depa completed a program within the Department of Juvenile Justice.
