The Tulsa County district attorney stated on Thursday that the prosecutors would not press charges in relation to Nex Benedict's death.
Last month, a 16-year-old involved in a violent incident with three other students at Owasso High School in Oklahoma passed away the following day. Benedict had informed his mother that the students bullied him due to his gender identity. pronounsDuring the altercation, Benedict informed a school resource officer that the three students beat him until he lost consciousness.
There was extensive outcry from the LGBTQ+ community and supporters, as well as speculation that his death was a consequence of injuries sustained during the incident at Owasso High School. However, a summary of the state medical examiner’s report listed Benedict’s probable cause of death as a likely suicide. Benedict's death was likely a result of a combined overdose of two medications: the anti-histamine diphenhydramine and the anti-depressant fluoxetine. The full medical examiner’s report is scheduled to be unveiled on March 27.
In a press release on Thursday, Tulsa County DA Stephen Kunzweiler expressed his agreement with the Owasso Police Department's conclusion following a weeks-long investigation that juvenile charges were not justified. Kunzweiler stated that he did not believe the State of Oklahoma could meet the burden of proof beyond a reasonable doubt if charges were brought for prosecution. According to the New York Times, Kunzweiler’s statement indicated that the students involved in the altercation did not appear to know each other prior to being placed in in-school suspension together.
Further, they had instigated confrontations in the days leading up to the fight.
Kunzweiler also revealed that brief notes, assumed to be related to the suicide, were found by the OPD. The New York Times reported that these notes did not reference the previous altercation or school difficulties, but Benedict's parents indicated that he had reported being harassed at school for various reasons.Benedict’s family, via their attorney, released a statement highlighting details omitted from the initial summary of the Oklahoma state medical examiner’s report, demonstrating the severity of Benedict's injuries sustained during the altercation. The lawyer for the Benedicts told several news outlets on Thursday that the family would not make any comments about the decision of the Tulsa DA to not press charges in the case. Meanwhile, two experts on toxicology shared with
The Advocate
last week that the two medicines reportedly found in Benedict's system have a low risk of causing harmful reactions. In a statement on Thursday, Sarah Kate Ellis, GLAAD President and CEO,.
Last week, urged for an independent investigation to uncover “the truth about what happened to Nex, and the difficulties faced by marginalized youth in Oklahoma schools.” She criticized the Oklahoma state Medical Examiner’s Office as being “unaccredited” — it
lost its accreditation
with the National Association of Medical Examiners in 2009 — and condemned Oklahoma’s anti-LGBTQ
Superintendent of Public Instruction Ryan Walters, Owasso High School, the Owasso Police Department, and the Tulsa DA for “failing” Benedict. “Time and time again, leaders in Oklahoma have shown that they don’t value Nex’s life, or the lives of other Indigenous and 2STGNC+ (Two Spirit, transgender, gender-noncoforming+) students,” Ellis said. Walters, in particular, has faced intense criticism in the weeks since Benedict’s death, with LGBTQ+ rights advocates accusing him of creating an environment of anti-LGBTQ+ hostility in Oklahoma schools. On Thursday, the Human Rights Campaign, which has called for an investigation of Walters along with the Oklahoma State Department of Education, released the results of a poll that found that a majority (52 percent) of Oklahoma voters want to see Walters removed from office.
Walters had already received widespread criticism from both Republican and Democratic state lawmakers this year for appointing New York-based hate influencer and former real estate agent Chaya Raichik, who operates the anti-LGBTQ+ social media account Libs of TikTok, to Oklahoma’s library advisory committee in January . In the aftermath of Benedict’s death, multiple LGBTQ+ advocacy and civil rights organizations have called for Walters’ removal. The district attorney described the fight as an “instance of mutual combat.” with the National Association of Medical Examiners in 2009 — and blasted Oklahoma’s anti-LGBTQ+ Superintendent of Public Instruction Ryan Walters, Owasso High School, the Owasso Police Department, and the Tulsa DA for “failing” Benedict.
“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, gender-noncoforming+) students,” Ellis said.
Walters, in particular, has come under intense scrutiny in the weeks since Benedict’s death, with LGBTQ+ rights advocates accusing him of fostering an environment of anti-LGBTQ+ hostility in Oklahoma schools. On Thursday, the Human Rights Campaign, which has called for an investigation of Walters along with the Oklahoma State Department of Education, released the results of a poll that found that a majority (52 percent) of Oklahoma voters want to see Walters removed from office.
Walter already faced widespread criticism from both Republican and Democratic state lawmakers this year for appointing New York-based hate influencer and former real estate agent Chaya Raichik, who operates the anti-LGBTQ+ social media account Libs of TikTok, to Oklahoma’s library advisory committee in January. In the wake of Benedict’s death, multiple LGBTQ+ advocacy and civil rights organizations have called for Walters’ ouster.
