In response to a question from the judge, a psychologist said Brendan Depa had more self-control than he showed in the attack.
www.news-journalonline.com
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Attorney’s got through roughly half of the sentencing hearing on Wednesday before running out of time at 5 p.m. Circuit Judge Terence Perkins said the sentencing will be completed at another hearing to be scheduled for this month at the Kim C. Hammond Justice Center in Bunnell.
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During cross examination, Depa’s attorney, Teifke, asked Naydich about Depa’s individualized education plan, or IEP.
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Teifke asked
her if she was aware that the IEP stated that Depa should not be reprimanded in front of his peers and that transitions such as moving from one class to the other or changes in routine can be triggers for Depa.
Naydich said she was not aware of that. Teifke said that there was a change in routine in that there was a substitute teachingt the cyber security class.
He also noted that Depa had arrived at school that day saying he had nothing to eat at the group home the previous night, but Naydich told him he had to wait while they waited for the other students.
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Dr. Gregory Prichard, a psychologist and a state witness, testified that Depa had been diagnosed with autism, intermittent explosive disorder and other disorders.
Prichard said that Depa was intelligent, but he also said he was dangerous, and his size — 6 feet 6 inches and over 200 pounds — added to the danger.
Prichard said Depa’s outbursts were not premeditated but rather an immediate, emotional response.
Prichard agreed with Tiefke
the incident could have been a manifestation of Depa’s disability.
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“It sounds like we are here to determine what is the price to be paid for actions that are a result of a disability,” Tiefke asked.
Prichard responded that he was not sure if that was “a fair characterization or not.”
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Judge asks if attack on Naydich was intentional
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Prichard gave a somewhat long response and said it was difficult to answer. But Prichard said he believed that Depa had the “capacity to behave differently” but can also be reactive.
“I think he had some control — certainly more than he showed,” Prichard said.
(Emphasized by me)