The Fifth District Court of Appeal on Tuesday upheld the five-year prison sentence and 15-year probation term against Brendan Depa, the former Matanzas High School student whose video-captured beating of a teacher’s aide unconscious in February 2023 drew worldwide attention.
A three-judge panel affirmed the decision without an opinion, as is common in appellate decisions. Depa’s lawyer, Hani Demetrious of the Fort Lauderdale-based Robert David Malove law firm, had argued in an appeal last April that Circuit Judge Terence Perkins abused his discretion by sentencing Depa as an adult rather than as a juvenile offender.
Depa was 17 at the time of the attack on Joan Naydich, which occurred after he was disciplined for an electronic game he had—an incident later revealed to have been mishandled by school officials. The State Attorney’s Office charged him with first-degree felony assault of a school employee, trying him as an adult. He faced up to 30 years in prison.
At sentencing, Depa’s defense team urged for a two-year term in a juvenile justice facility to keep him out of state prison and to eliminate the lengthy probation period. However, Judge Perkins was firm on imposing some prison time along with a long supervisory term. Assistant State Attorney Melissa Clark requested seven years in prison and 10 years probation.
Demetrious did not return requests for comment following the appeals court ruling. The decision appears to mark the end of the case, especially as those close to Depa describe him as having accepted responsibility and moved forward.
Gene Lopes, a special education teacher who regularly taught Depa at the Flagler County jail and has kept in contact with him, spoke about Depa in a recent interview.
“He has truly accepted that he did something horrible and that there were consequences for that,” Lopes said. “He’s a good human, he made a horrible mistake, and more than ever he realizes that, but his soul is good. His strong beliefs—strong Christian beliefs—have also allowed him to see other points of view, and that amazes me.”
Lopes disagreed with both the appeals court decision and Judge Perkins’s original sentence. Despite this, he sees Depa as preparing for life after prison. He talks with Depa every other week and last visited him three weeks ago at Wakulla prison in Florida’s Big Bend, where Depa gave him “a big Brendan hug.” The Department of Corrections describes Wakulla as “a faith and character based facility.”
Depa, now 20 years old, has maintained a very positive attitude, Lopes said. “When I saw him he was upbeat, content, and had a much better understanding of what the consequences could have been. I think the time has helped him really reflect on his actions, and he’s been a model inmate.”
While incarcerated, Depa has engaged in reading and writing, and has participated in several faith-based programs. He has attended Jewish services, studied the Bible extensively, and explored Muslim studies out of curiosity. He has also passed his full GED and hopes to attend college after his release, aiming for a career in counseling to help others in similar circumstances.
Lopes expressed his view that Depa has done much of the work needed for self-improvement. “I don’t know what more time in prison will do for him. Whatever he needed to fix, I think he has a solid grasp on it. His biggest challenge now is his intellectual curiosity and the limits prison places on satisfying it.”
By sentencing, Depa had already served a year and a half in juvenile detention in Jacksonville and at the Flagler County jail after turning 18. His scheduled release date is August 3, 2027. With potential gain time or early release for good behavior—which does not count time served in county jails—he could be freed after serving approximately 85 percent of his sentence, possibly as early as February 2027.
His most recent prison photo shows a clean-shaven young man, with a thin mustache and wearing brown horn-rimmed glasses instead of black. Unlike typical inmate mugshots, Depa appears relaxed, with a faint, almost Mona Lisa-like smile.
The attack on Joan Naydich had included profanities and racist slurs, for which Depa has accepted full responsibility. “He understands it could have been much worse for Joan,” Lopes said. He also recognizes the disparity in sentencing between himself and others convicted of similar offenses but of different races.
Depa is aware, for example, of a case involving the white son of a Flagler County Sheriff’s deputy who received a five-year prison sentence followed by five years probation for a hit-and-run death of a Black woman. Although the cases had different judges, Depa sees this as an example of sentencing disparity.
“He’s aware of all that but it doesn’t control him,” Lopes said. “He focuses on preparing himself for life outside the prison.”
Depa does not bear resentment, nor does he idly count down the days until his release. Instead, he spends his time constructively. He has not been the target of violence and reports being treated well, with only one minor incident noted.
He has changed his appearance, now working out regularly—something he never did before—indicating that his more relaxed prison photo reflects a sustained personal change.
Lopes is one of several people, including family members, who visit and maintain contact with Depa despite the prison’s isolated location. Depa’s mother lives in the Tampa Bay area.
“He’s very optimistic about the future. Myself, his mom, we’re all hopeful he’ll get through this,” Lopes said. “When he comes out, he’ll find some niche where he can be successful.”
Lopes also noted that, despite some of the negative publicity, many people have come to know a different side of Depa—one that is now his predominant side. This change may open doors for him once he is released.
When asked about the support network that has helped Depa through prison, Lopes gave a surprising answer.
“He’s been a lifeline to me. In all honesty, he’s been a lifeline,” Lopes said. Depa has inspired him to return to teaching, which he now does in St. Johns County. “He’s changed my life.”
https://flaglerlive.com/depa-appeal-fails/