District attorney won't bring charges in Nex Benedict's death, calls fight 'mutual combat'

The Tulsa County, Okla., district attorney has decided not to bring charges in the death of Nex Benedict, a transgender high school student who died February 8, a day after a fight with three other students in a school restroom.

“From all of the evidence gathered, this fight was an instance of mutual combat,” DA Stephen Kunzweiler wrote in a three-page letter announcing his decision Thursday, The New York Times reports. “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.”

The Office of the Chief Medical Examiner in Oklahoma announced last week that it had determined Benedict died by suicide through a combination of two common drugs: the antihistamine diphenhydramine (Benadryl) and the antidepressant fluoxetine (Prozac). However, Benedict’s loved ones have expressed skepticism about this conclusion and have pointed to injuries Benedict suffered in the fight. Also, medical experts say the combination of the two drugs is safe if they’re taken as directed. A full report from the medical examiner is due next week.

Benedict was a 16-year-old sophomore at Owasso High School; Owasso is near Tulsa. He had reported frequent bullying by fellow students. He was examined at a hospital immediately after the fight and was released, then died the following day after collapsing at home.

His death has increased the awareness of the anti-LGBTQ+ atmosphere in Oklahoma, where state legislators have passed several homophobic and/or transphobic laws and are considering more, and Superintendent of Public Instruction Ryan Walters has expressed anti-LGBTQ+ views. The U.S. Department of Education’s Office for Civil Rights has initiated an investigation into the Owasso school district.

Owasso police had said Benedict’s death was not due to trauma, and they recommended that the DA not file charges. Kunzweiler said he agreed with the police. “An important part of the Owasso Police Department’s investigation was the discovery of some brief notes, written by Benedict, which appeared to be related to the suicide,” he wrote.

“Although the notes do not make any reference to the earlier fight or difficulties at school, the parents indicated that Benedict reported being picked upon for various reasons while at school,” he continued. He said fights are unfortunately common and that not all of them result in criminal charges, adding that Benedict’s death is a tragedy, in any case.

GLAAD President and CEO Sarah Kate Ellis quickly denounced the DA’s move. “Time and time again, leaders in Oklahoma have showed that they don’t value Nex’s life, or the lives of other Indigenous and 2STGNC+ (Two Spirit, transgender, and gender-nonconforming+) students,” she said in a statement. “Everyone from Superintendent Walters and Owasso High School to the unaccredited-since-2009 state Medical Examiner’s Office, the District Attorney, and Owasso Police Department have failed Nex Benedict and failed us all. It is critical that an independent investigation is completed and the truth about what happened to Nex, and what all marginalized youth in Oklahoma schools endure, is brought to light. We will never stop seeking justice for Nex and we will never stop holding leaders accountable to serving their communities fairly and with compassion.”

Kris Williams, program development coordinator at Diversity Center of Oklahoma, released a statement expressing deep disappointment and concern for the safety of LGBTQ+ students: "I am devastated by the message this decision sends to LGBTQ+ youth in our community. It's disheartening to think that our lives may not be deemed worthy of protection."

"It is essential that we stand together to protect and support LGBTQ+ students in our schools. No young person should have to fear for their safety simply because of who they are," added Lance Preston, executive director at Rainbow Youth Project USA.

Benedict’s family has declined comment on the DA’s decision.

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