Southeast
Student accused of viciously beating aide in viral video blames school in new lawsuit: 'Ticking time bomb'
The Florida high-school student with autism accused of violently attacking a teacher’s aide over a Nintendo game has filed a stunning lawsuit against the school district, accusing it of failing to make interventions to address his bad behavior even though he was said to be a “ticking time bomb.”
Brendan Depa, 18, has filed a lawsuit against Flagler County Public Schools, accusing the district of failing to meet his needs in the lead-up to the shocking February 21 incident that was caught on video and went viral.
Depa was 17 when he allegedly attacked teacher’s aide Joan Naydich at Matanzas High School in Palm Coast. 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.
FLORIDA TEACHER’S AIDE ATTACKED IN VIRAL VIDEO SPEAKS OUT AHEAD OF STUDENT’S SENTENCING
A teacher runs to help Joan Naydich, who is lying on the floor and being beaten by Brendan Depa. (Flagler County Sheriff’s Office)
The teacher’s aide is seen on the ground for several minutes before getting up with the help of others.
Naydich told FOX 35 Orlando she had suffered five broken ribs, a severe concussion, loss of hearing in one of her ears and other issues as a result of the beating.
The incident was sparked after Depa was refused permission to use a Nintendo Switch console.
The complaint alleges that the district failed to address Depa’s disabilities through a proper behavioral plan on multiple occasions, ultimately leading to the attack.
“The district should be held to account for its failures which have forever changed the trajectory of this young man’s life,” a portion of the lawsuit reads.
It says that he has a history of trauma and mental health issues, along with several disabilities that impact him in school settings.
“[Depa] is smart, but he has been diagnosed with an autism spectrum disorder and has communication deficits that were not properly addressed. His explosive nature was also ignored and his need for social and pragmatic language interventions were not sufficiently addressed,” the lawsuit reads.
The complaint alleges that the school ignored Depa’s need for social and “pragmatic language interventions” and should have provided him with direct instructions on how to problem-solve and express himself.
For instance, he spat at a student and verbally threatened another by saying that the student should die. He also said he should have shot a student. The lawsuit argues that the school had not properly dealt with those incidents.
FLORIDA STUDENT ENTERS PLEA IN CASE OF VIRAL VIDEO ATTACK ON TEACHER
Joan Naydich is seen in court as Brendan Depa is escorted back to holding cells on March 9, 2023. In the court hearing, Naydich sought a permanent injunction against Depa. (David Tucker/News Journal/USA Today Network)
“Had these issues been addressed in real-time, [Depa] would not have harmed the paraprofessional and would not have been arrested and facing significant time incarcerated,” the complaint reads.
The suit alleges that a teacher’s aide and Depa exchanged words and that the student was then reprimanded in front of his peers, eventually being punished by being denied the Nintendo though other students were allowed theirs.
The school, staff and district knew that the Nintendo, and its use on the school campus was a “trigger for escalating behaviors,” prompting Depa to spit on Naydich, according to the filing.
When Naydic stormed out of the classroom to report him for assault, Depa followed her and launched his vicious attack.
The teen has filed a request for a due process hearing under the Individuals with Disabilities Education Act. It asks for a determination that Flagler County Public Schools’ actions before and after February 2023 led to the violent incident.
A spokesperson for Flagler Schools tells Fox 35 Orlando that the district is not commenting on the complaint.
Depa, who is being charged as an adult, pleaded no contest late last year to 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. His sentencing is scheduled for May 1, Fox 35 reports.
Brendan Depa with his attorneys in court last year. Depa has filed a stunning lawsuit against the school district, accusing it of failing to make interventions to address his bad behavior since he was a “ticking time bomb.” (David TuckerNews Journal/USA TODAY NETWORK)
Naydich has denied taking the Nintendo Switch away from Depa and that he was actually angry because another staff member would not allow him to play it.
As well as physical injuries, Naydich says she has faced financial and emotional hurdles since the attack.
“Unfortunately, a lot of my injuries that are not visible I’m going to have for the rest of my life,” Naydich previously told FOX 35 Orlando, referring to slowed speech, issues with patience and “difficulty with what she considers routine cognitive functions.”
“Everybody that knows me or knew me [before the attack] knows that I’m a totally different person now. My whole life was just turned upside down.”
Naydich was granted a permanent injunction for protection against repeated violence against Depa in March 2023.
Court documents obtained by Fox News Digital show that Depa has had 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.
Fox News’ Pilar Aris and Adam Sabes contributed to this report.
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Southeast
Family member of American killed by Cuban forces in boat shootout says he was on ‘diabolical’ mission
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The brother of an American citizen killed in a brazen boat clash with Cuban forces says his sibling was consumed by an “obsessive and diabolical” push to free the island and that “no one knew” what he was planning.
American citizen Michel Ortega Casanova, who worked as a truck driver, was one of 10 passengers on a Florida-registered boat that allegedly opened fire on Cuban soldiers in an attempt to infiltrate the island.
A Monroe County Sheriff’s Office incident report obtained by Fox News noted the boat’s owner reported it stolen Wednesday after hearing about the Cuba shootout on the news.
The owner, who did not speak English, told deputies his 24-foot vessel went missing, and he suspected an employee named Hector — who had two young daughters in Cuba — may have taken it.
U.S. Secretary of State Marco Rubio addressed an incident involving Cuban forces and a speedboat Wednesday before returning to Washington, D.C., after meetings with Caribbean Community leaders at Robert L. Bradshaw International Airport in Basseterre, Saint Kitts and Nevis. (Jonathan Ernst/Pool/Reuters)
Ortega Casanova, who lived in the U.S. for more than two decades, was one of four killed in the attempt. He is survived by his wife, mother, brother, two sisters, daughter and unborn grandchild.
Six other passengers, all Cubans living in the U.S., were injured. It is unclear if Hector was on board.
Ortega Casanova’s brother, Misael, told The Associated Press Wednesday that his brother had an “obsessive and diabolical” pursuit for Cuba’s freedom.
“Only us Cubans who have lived over there understand [the great suffering],” Misael said.
He said “no one knew” about his brother’s plans to infiltrate the island, noting their mother is “devastated.”
“They became so obsessed that they didn’t think about the consequences nor their own lives,” Misael said.
While Ortega Casanova’s family did not recognize any of the other passengers, Misael said, “maybe [the attempt] will justify that some day Cuba will be free.”
CUBA IS APPROACHING ITS BERLIN WALL MOMENT — AMERICA MUST HELP THEM BREAK THROUGH
Cuban Coast Guard forces reported an exchange of gunfire with a U.S.-registered speedboat Wednesday. (Yamil Lage/AFP via Getty Images)
He refrained from labeling the group heroes, describing the idea as “ignorance.”
Cuban officials said many of the boat passengers, who were intercepted roughly a mile northeast of Cayo Falcones, off Cuba’s north coast, had a known history of criminal and violent activity.
Passengers Amijail Sánchez González and Leordan Enrique Cruz Gómez were wanted by Cuban authorities for their involvement in the “promotion, planning, organization, financing, support or commission of actions carried out in the national territory or in other countries, in connection with acts of terrorism,” according to the government.
Cuban politician Bruno Rodriguez Parrilla posted to X after the incident, claiming a “rigorous investigation” is being conducted to clarify the facts.
CUBA IDENTIFIES 32 MILITARY PERSONNEL KILLED IN US OPERATION AGAINST MADURO REGIME IN VENEZUELA
“Cuba has had to face numerous terrorist and aggressive infiltrations originating from #EEUU since 1959, at a high cost in lives, injuries, and material damage,” Rodriguez Parrilla wrote in a post. “The defense of Cuba’s coasts, of the national territory, and of national security is an ineludible duty.”
Secretary of State Marco Rubio said the U.S. is working to determine whether the passengers were American citizens or permanent residents.
U.S. officials said at least two of the people on the bat were U.S. citizens, and another was on a U.S. K-1 visa — which is granted to fiancées of U.S. citizens for 90 days.
“We have various different elements of the U.S. government that are trying to identify elements of the story that may not be provided to us now,” Rubio told reporters in Basseterre, St. Kitts.
“Suffice it to say, it is highly unusual to see shootouts in open sea like that. It’s not something that happens every day. It’s something, frankly, that hasn’t happened with Cuba in a very long time.”
Cuban officials said the vessel’s passengers were intercepted off the country’s northern coast. (Nicolas Economou/NurPhoto)
RUSSIA WARNS AGAINST ‘PROVOCATIVE ACTIONS’ AROUND CUBA AFTER 4 KILLED ONBOARD US-REGISTERED SPEEDBOAT
Rubio said the U.S. will verify the facts independently, and the U.S. Department of Homeland Security and U.S. Coast Guard are investigating.
Vice President JD Vance said he was briefed on the incident, and the White House is monitoring the situation.
“Hopefully it’s not as bad as we fear it could be,” Vance said.
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Florida’s Attorney General James Uthmeier said prosecutors will work with federal, state and law enforcement partners to start an investigation.
“The Cuban government cannot be trusted, and we will do everything in our power to hold these communists accountable,” Uthmeier wrote in a social media post.
The Associated Press contributed to this report.
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Southeast
Alleged criminal history of missing mom found after 24 years catches up with her
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT
In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
MAHA eyes SNAP, school lunch restrictions for junk food
Agriculture Secretary Brooke Rollins joins ‘Fox & Friends’ to discuss the Trump administration’s ‘Make America Healthy Again’ initiative, detailing new efforts to restrict ultra-processed foods in school lunches and limiting SNAP benefit purchases.
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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