- October 11, 2024
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A teenager who attacked his Matanzas High School paraprofessional in February is competent to stand trial, according to a circuit judge.
Brendan Depa, 17, appeared in court for a competency hearing before Circuit Judge Terence Perkins the afternoon of June 16. Two psychologists gave opposing opinions on whether Depa is competent to stand trial.
Perkins said competency in this context depends on whether Depa’s autism diagnosis renders him incompetent to proceed.
“This was one of those circumstances where actually hearing from the doctors and the experts was a great assistance,” Perkins said.
Depa has been charged with aggravated battery on an education employee for attacking his paraprofessional at MHS on Feb. 21. The 17-year-old faces up to 30 years in prison if he is found guilty.
He was ordered to undergo a mental evaluation at a pretrial hearing in March. In a second pretrial hearing on May 10, Depa’s lawyer, Kurt Teifke, a defense attorney with 20 years of experience, asked the court for the competency hearing.
Perkins said he was looking to the broader concept of understanding: If Depa understood he was being charged with a crime, that there is a sentence, and the roles of the court proceedings.
“If you ask most 21-year-olds, 'What’s the difference between a felony and a misdemeanor,'” Perkins said, “you’re going to get a blank look.”
If you ask most 21-year-olds, 'What’s the difference between a felony and a misdemeanor,' you’re going to get a blank look.
— TERENCE PERKINS, circuit judge
Ultimately, Perkins said, the reports and testimony showed that Depa has an appropriate understanding of the situation for his age and experience.
Psychologists Dr. Roger Davis and Dr. Jessica Anderton had both interviewed Depa to determine his ability to stand trial. Anderton deemed him incompetent to stand trial, while Davis deemed him competent.
Davis interviewed Depa on May 4, six weeks after Anderton’s interview on March 29. Both the prosecutor, Melissa Clark, and Teifke asked Davis and Anderton questions about Depa’s understanding of the judicial process he is facing and his ability to retain that information.
Davis said that as part of his evaluation, he corrected Depa on several pieces of information regarding his situation: Depa initially believed his punishment was five years, not 30, Davis said; and Depa had believed the jury would “help” the judge decide the case.
Davis said that at the end of the interview, to test Deep's retention, he spoke with Depa about eight pieces of information he had corrected Depa about earlier in the interview. Depa answered five of the eight questions correctly, he said, which was pretty good.
“He’s a bright young man,” Davis said.
Anderton agreed that Depa’s IQ doesn’t necessarily factor into this case, based on Depa's previous medical records and her time with him. He can learn about the legal process, she said, but his ability to apply that knowledge to his own case is undermined by his autism.
“That's where, in my mind, he will need specialized training to obtain competency,” she said.
Anderton said Autism Spectrum Disorder is divided into three levels of severity, with level three being the most severe. In her professional opinion, she said. Depa is a level three.
Clark noted that Depa’s previous medical history only graded Depa’s autism as a level two.
Anderton said that while Depa could retain several pieces of information about his case that she went over with him, he failed to retain others that they had gone over extensively.
I’m doing more than just suggesting incompetence. I have grave concerns. — KURT TEIFKE, defense attorney
Clark said Depa has demonstrated an ability to learn new information. She also pointed out that even Anderton’s report stated that Depa could be “restored” to competency in eight to 12 months.
But Teifke, Depa's attorney, said his biggest concern was how well information will be retained in the context of a trial.
“I’m doing more than just suggesting incompetence,” Teifke. “I have grave concerns.”
Davis said that just because a person has a mental disorder, that doesn’t mean they are incompetent.
“There have to be specific symptoms that result in specific competency deficits,” Davis said. “And in my opinion, that's not the case.”
