No charges to be filed in fight involving Nex Benedict, Tulsa DA says
Editor's note: If you or someone you know has suicidal thoughts, addictive tendencies, stress and other mental health issues, you can call or text 988, Oklahoma's Mental Health Hotline, or call 911.
The Tulsa County district attorney will not file charges in the death of Nex Benedict or the fight that preceded it.
In a lengthy news release Thursday, Steve Kunzweiler called Benedict's death, which was ruled a suicide by Oklahoma's chief medical examiner, a "tragedy." But he said that based on the investigation by the Owasso Police Department, the "filing of juvenile charges is not warranted."
The Owasso High School sophomore died the day after a fight with other students in a school bathroom, raising questions about whether they were bullied or targeted because of their gender-expansive identity. Benedict, 16, used the pronouns he, him, they and them, their friends and relatives have said.
The teen's death has gained national attention. Their family has called on school administrators, lawmakers and others to end hate and bullying in schools.
Jacob Biby, an attorney representing the Benedict family, declined to comment about the district attorney's decision not to file charges when he was reached late Thursday.
In his statement, Kunzweiler said, "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."
DA considered 60-pages of police reports, Nex Benedict notes in decision
Kunzweiler said police turned over nearly 60 pages of reports and other digital files, including interviews with seven Owasso High students and six staffers. Two students declined to be interviewed or "were in the process of consulting with an attorney," he said. Police also submitted notes from the school nurse and reports from responding officers.
In addition, Tulsa County's top prosecutor said he reviewed a 12-page autopsy report, which included results of a toxicology report. Oklahoma's chief medical examiner has said Benedict died Feb. 8 from toxicity of diphenhydramine, an antihistamine, and fluoxetine, an anti-depression medication. "These drugs are not illegal, and they were legally available within the home where Benedict was raised," Kunzweiler said.
He said an "important part" of the investigation were notes written by Benedict that "appeared to be related to the suicide." He declined to disclose any details about the notes except to say they "do not make any reference to the earlier fight or difficulties at school."
Benedict was treated at a local hospital soon after the Feb. 7 fight at school and released later that day. They told a school resource officer that a group of girls they did not know had been antagonizing them and their friends because of the way they dress and laugh. “So I went up there and I poured water on them, and then all three of them came at me,” Benedict said, explaining the water came from a water bottle.
Benedict said the girls took them to the ground and were beating them when Benedict blacked out.
The interview was recorded by the officer’s body camera. As Benedict lay in the hospital bed, the officer explained that they could also be facing assault charges because they squirted other students with water.
Benedict's family said earlier this month that they believe some of the medical examiner's findings point to the severity of the injuries suffered by the teen in the fight. Biby disclosed a portion of the complete autopsy report — which has been released to Benedict's family but not to the public — that noted some bruises, cuts and other injuries on or near the teen's head and left hand.
In his statement, Kunzweiler described those injuries as superficial and external. "The autopsy of Benedict did not uncover any evidence of an internal injury (blunt force/trauma related) which caused or resulted in death," he said.
The district attorney noted that his office considers whether a crime occurred and does not look at any civil liability that may exist in the case.
The U.S. Department of Education plans to launch a civil rights investigation into Owasso schools in light of Benedict's death, the school confirmed earlier this month.
The investigation will look into allegations that Owasso Public Schools failed to adequately address reports of sex-based harassment.
Read the district attorney's full statement:
This article originally appeared on Oklahoman: Nex Benedict investigation: Tulsa DA says no charges to be filed
