Is it Right to Arrest an Autistic Child and Put Him in Jail?

What happened to Brendan Depa could one day happen to my son

Photo by Hussein Xodie

As the video unfolds, you see a gigantic 6' 6", 270 lb., African American teenager race into the hallway, slam into an adult, sending her flying to the ground, and repeatedly punch and kick her in the back and head several times as she lay facedown and immobile on the floor.

The attack was brutal.

This altercation presumably occurred because the teen thought the paraprofessional at his school had taken away his Nintendo Switch.

The victim, Joan Naydich, survived the attack with five broken ribs, a concussion, and loss of hearing.

The teen, Brendan Depa, was arrested and put in jail, where he awaits a sentencing hearing at the end of January 2024.

He has been deemed mentally competent by the judge and could receive anywhere from three to thirty years in prison.

Yet, there is one aspect of this story that isn’t taken into consideration.

Brendan is autistic.

What the Judge and Accusing Public Fail to Acknowledge

• Brendan has severe autism and has struggled with busy and noisy environments like school since he was in daycare.
• He also has other diagnoses and has been treated for these since he was a young boy in foster care.
• He has spent months in a treatment facility and, at the time of the incident, was in an intensive behavioral group home that insisted all members attend public school.
• Brendan’s mother, Leanne, didn’t want him in school because she believed he couldn’t handle it.
• He was in a special education class and had an Individualized Education Program (IEP), a legally binding document developed for students who require special education.
• Brandon’s IEP said, “Electronics are a precursor to more severe behaviors.”
• The treatment plan outlined in the IEP was not being followed, and Leanne did not know of the change.
• Despite both Leanne and the group home telling the school that playing with digital items is a significant trigger for Brendan and removing them can cause a severe meltdown requiring him to be restrained by a crisis team, the school had Brendan bring in his Nintendo Switch to use as part of a reward system.

“Had the school followed the IEP, we would not be here now,” Leanne Depa said.

Why am I writing this story?

I’m wondering if other moms of autistic children who react similarly to Brendan have followed this story and thought, “This could be my son.”

Because I did.

I have a seven-year-old son whom I adopted from foster care. He is diagnosed with Fetal Alcohol Spectrum Disorder and ASD.

This Christmas, I almost ended up in a wheelchair because of his aggression.

When this happens, I’m scared for his future.

And mine.

Photo by ruslana_art

Autism and Aggression

Why are some autistic kids aggressive?

Aggression is not a label. It does not describe the personality of an autistic child. It is a form of communication.

When a child knows no other way to communicate their distress, they may behave aggressively.

Some of the reasons my child gets destructive when distressed are:

Transition

A lot of children with autism struggle to transition from one activity to the next. My son can be so focused on what he is doing that if a teacher has him transition to another event before he is through, he explodes.

The same was said to be true of Brendan.

Overstimulation

When my son is involved in an activity that gets him overly excited, his emotions are like a rocket about to take off. Adrenalin is the fuel, and as he becomes more stimulated, he blasts off. His seven-year-old brain cannot contain such a heightened state.

Photo by Keira Burton

Crowded environments and loud noises

We visited a new church this past Sunday to avoid a very loud and stimulating event happening at ours. However, this church was much smaller, so it felt more crowded. There was no room for my son to sit on the floor with his iPad and toys like he does at our church.

Within five minutes, my son had his hands over his ears, his eyes squinted shut, and he was rocking. I recognized the signs and responded to keep him and others safe.

We left.

Brendan’s mother told the group home where he resided that public schools were too stimulating for him. Yet, they disregarded her advice.

Their decision almost cost a woman her life.

Extreme frustration

Some autistic kids also have intellectual disabilities. My son struggles with both intellectual and adaptive skills. Because he cannot keep up with his peers, he becomes easily frustrated with the expectations put on him by others. He doesn’t always understand what is being asked of him or know the appropriate way to respond. When he gets frustrated, he has a meltdown.

Anxiety

This, I would say, is the main factor contributing to my son’s aggression. He has a significantly heightened sensory awareness, and this causes him a lot of anxiety. He also has a trauma history from being placed in foster care.

Anxiety almost always puts my son in fight or flight mode. He either runs or starts throwing furniture and attacking.

Could my son end up in jail, too?

Brendan sits in a jail cell, much, if not all, of his time, in isolation.

As I watch interviews of Leanne advocating for her son, I see the weariness and despair in her eyes. She fears for her child’s future and has said that if the judge puts him in prison, he will die. He does not have the mental capacity to survive prison.

He does need to be confined in a structured environment where he and others can be kept safe.

But he does not belong in jail.

As my 4' 5", 95 lb. son slammed his fists and body into the middle part of my injured back, sending me off balance into the wall, I held a similar despair as Leanne.

He’s only seven, I thought. At the rate he’s growing, how will I survive 11 more years of his abuse if we can’t get a handle on it now?

Hope

Amidst the injustice, there needs to be hope.

My hope for Brendan comes through prayer. Though many people are advocating for change regarding placing severely autistic people in prison, there is still much reform to be done. Despite the many letters that were written on his behalf, my personal letter included, the judge seems set on sentencing him as a mentally competent adult.

I think about Brendan a lot, and when I do, I pray for his safety and that he will be comforted during this troubled time. I also pray that the judge will not be swayed by public opinion. From all the comments I’ve read beneath the many news articles on his case, people want to crucify him.

They don’t understand autism.

For my son, my hope comes from my faith in God.

Like Leanne, I began getting help for my son when he was kicked out of daycare at two and a half. He has had many therapies, including ABA (Applied Behavior Analysis), with several different agencies, and many medications.

Yet my only hope comes from the transforming power of a loving God who can do exceedingly and abundantly more than I could ever imagine (Ephesians 3:20).

When my son hurts me, I feel despair for our future. I wonder, “How can I keep doing this?”

I want to give up.

Yet, something has to push parents to continue to fight for their children when the odds are stacked against them. Having faith in Jesus, who has proven himself to me repeatedly by transforming what looks impossible in my life, enables me to get up the next morning and try again.

It is His direction I seek in my efforts to help my son regulate his overpowering emotions so he can grow up to be everything God intended him to be.

https://www.wesh.com/article/flagler-county-teacher-aide-attacked/45978707

https://nypost.com/2023/11/30/news/brendan-depas-mom-begs-for-leniency-in-sentencing-for-teacher-attack/