By SEAN MURPHY (Associated Press)
OKLAHOMA CITY (AP) —
The district attorney of the county stated on Thursday that the Oklahoma teens who were in a high school bathroom fight with Nex Benedict, a nonbinary 16-year-old who died after the fight, will not face criminal charges.
Steve Kunzweiler, the District Attorney of Tulsa County, said that after examining the investigation by the Owasso Police Department, he agreed with detectives that the altercation between the teen and three girls was a case of mutual combat, and therefore, no charges were necessary.
Kunzweiler mentioned that when deciding whether to file a charge, it is necessary to be convinced that a crime was committed and that there is reasonable belief that a judge or jury would be convinced beyond a reasonable doubt, and from all the evidence gathered, this fight was an instance of mutual combat.
Kunzweiler also stated that Owasso police found a “suicide note” written by Benedict, but he did not reveal its contents. The state medical examiner determined that Benedict’s death in February was a suicide caused by a drug overdose.
“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,” Kunzweiler said. “The precise contents of the suicide note are a personal matter which the family will have to address within the privacy of their own lives.”
Jacob Biby, an attorney for Benedict’s family, said he did not anticipate the family to comment Thursday on the district attorney’s decision. However, the family had previously called for reforms to end bullying in schools.
Benedict’s family stated, “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 death of Benedict, a nonbinary person, has sparked outrage about bullying in schools and has drawn attention from Oklahoma’s governor, Republican Kevin Stitt, and Democratic President Joe Biden.
In video footage from the hospital the day of the altercation, Benedict explained to an officer that the girls had been picking on them and their friends because of the way they dressed. Benedict claimed that in the bathroom the students said “something like: why do they laugh like that,” referring to Benedict and their friends.
“And so I went up there and I poured water on them, and then all three of them came at me,” Benedict tells the officer from a hospital bed.
Paramedics responded to the family’s house and performed CPR before rushing Benedict to the hospital, where the teen later died.
Benedict’s family has reported that the teenager faced harassment because of their nonbinary identity, and the U.S. Department of Education has started investigating the school district based on a letter sent earlier this month.
Owasso Public Schools verified in a statement that the district received notice of the investigation and called the accusations unfounded and without merit.
In his statement on Thursday, Kunzweiler mentioned that while getting a criminal conviction requires strong evidence, the burden of proof in a civil case is much lower.
“Whether individuals choose to seek legal advice for solutions in the civil court system is a decision best left to them,” he said. “The range of those inquiries are not as restricted as the issue of criminal/delinquent behavior which I was asked to address in this case.”
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This story involves discussion of suicide. If you or someone you know needs help, please contact the National Suicide Prevention Lifeline at 800-273-8255.
