The Tulsa County district attorney said Thursday that no criminal charges would be brought in the case of Nex Benedict, a nonbinary teenager who died by suicide after a fight in an Oklahoma high school bathroom last month.
The district attorney, Republican Stephen Kunzweiler, said he didn’t believe charges were warranted after reviewing the findings of an Owasso Police Department investigation and the Oklahoma medical examiner’s report.
Kunzweiler’s three-page letter acknowledged Benedict’s death as “a tragedy,” but said that “all of the evidence gathered” showed that the fight that preceded the 16-year-old’s death “was an instance of mutual combat.”
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He also revealed that Owasso police found a “suicide note” written by Benedict, but did not share further details, saying its contents were a personal matter for their family.
“I do not have a reasonable belief that the State of Oklahoma could sustain its burden of proof beyond a reasonable doubt if charges were presented for prosecution,” he added.
An attorney for Benedict’s family told the Associated Press he didn’t expect them to comment on the district attorney’s Thursday letter.
Benedict, who used they/them and he/him pronouns, died at a hospital hours after collapsing on Feb. 8. Their death ignited a national firestorm about bullying in schools and the rise of anti-LGBTQ+ policies nationwide, which have spurred hateful rhetoric and violence against members of the community. In Oklahoma alone, 54 anti-LGBTQ+ bills have passed the state legislature in its current session.
The fight at Owasso High School between Benedict and three teenage girls occurred a day prior to their death. In his letter, Kunzweiler said that “those involved… were antagonizing each other in the days leading up to the fight,” though none of the students reported the hostility to school officials or teachers.
“According to witnesses, the fight was less than one minute in duration after Benedict poured water over two girls while they were in the bathroom,” Kunzweiler wrote. “Apparently, comments were directed about how Benedict laughed, which was followed by the water pouring incident.”
Neither the police nor the medical examiner’s reports have been publicly released. Last week, the medical examiner released a single-page summary of Benedict’s autopsy, which listed the cause of death as suicide caused by a lethal combination of the antihistamine diphenhydramine and the antidepressant fluoxetine. It’s unclear exactly how much of either substance was in the 16-year-old’s system when they died.
Benedict’s family have disputed the autopsy results, noting the evidence of “physical trauma,” and said they are conducting their own investigation into the circumstances around the teen’s death. The family also called on schools, lawmakers, and communities to “to prevent any other family from having to suffer through the heartache now borne by Nex’s loved ones.”
They continued: “Reforms creating school environments that are built upon the pillars of respect, inclusion and grace, and aim to eliminate bullying and hate, are the types of change that all involved should be able to rally behind.”
If you or a loved one are struggling with suicidal thoughts, please reach out to the National Suicide Prevention Lifeline by dialing or texting 988.
