Tulsa County District Attorney Stephen Kunzweiler has announced that no charges will be filed in connection with the death of Nex Benedict, a non-binary 10th grader who died by suicide last month following a fight at Owasso High School in Oklahoma. The decision comes after the district attorney's office reviewed law enforcement reports about the February 7 fight and Nex's subsequent death on February 8.
In a statement, Kunzweiler revealed that the medical examiner's autopsy report noted superficial injuries consistent with the fight but "did not uncover any evidence of an internal injury (blunt force / trauma related) which caused or resulted in death." The medical examiner ruled Nex's death a suicide, with the probable cause being "combined toxicity" from two legally available drugs found in Nex's home.
Police also discovered "brief notes, written by Benedict, which appeared to be related to suicide," according to the DA's statement. Although the notes made no reference to the fight or difficulties at school, Nex's parents indicated that the teen had reported being picked on for various reasons while at school.
"Based upon the investigation of the Owasso Police Department, I am in agreement with their assessment that the filing of juvenile charges is not warranted," Kunzweiler stated. "From all of the evidence gathered, this fight was an instance of mutual combat. 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."
Nex's death drew national attention, with multiple vigils taking place throughout the US as advocates pointed to a heightened and hostile climate against the LGBTQ+ community. In body camera video from February 7, released earlier by Owasso police, Nex described the fight to an officer while in the hospital.
According to Nex, the altercation began when they went to the bathroom with their friends and overheard comments from another group of students about their laughter. In response, Nex poured water from a water bottle on the other students, which escalated the situation. Nex was eventually thrown to the ground and beaten up by the other students before the fight was broken up by students and a faculty member.
Kunzweiler noted that the fight involved two groups of students who did not know each other before meeting during in-school suspension. In the days leading up to the fight, the groups had been antagonizing each other, but none of the students reported the behavior to school administrators or teachers.
In a statement last week, Nex's family called on schools, administrators, and lawmakers to come together and push for reforms that seek to end bullying. "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," the family said.
Kunzweiler acknowledged the tragic nature of Nex's death by suicide, stating, "The reasons why any person commits suicide do not provide answers to those who are left behind. Suicide is sad, and our country is beset by far too many instances where insufficient resources are allocated to combat this growing crisis."
