By SEAN MURPHY (Associated Press)
OKLAHOMA CITY (AP) —
The Tulsa County District Attorney, Steve Kunzweiler, stated that after reviewing the investigation by the Owasso Police Department, he agreed with the detectives that the fight between the teen and three girls was considered a mutual fight and no charges were appropriate.
Tulsa County District Attorney Steve Kunzweiler said in a statement that after reviewing the investigation by the Owasso Police Department, he agreed with an assessment from detectives that the fight between the teen and three girls was an “instance of mutual combat” and that charges were not warranted.
District Attorney Kunzweiler explained that in order to press charges, he must be convinced that a crime was committed and that there is reasonable belief that a judge or jury would agree. Based on the evidence, he determined that the fight was considered mutual combat.
The district attorney also mentioned that a “suicide note” written by Benedict was found by Owasso police, but did not disclose the content. The medical examiner concluded that Benedict’s death in February was due to 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.”
The family's attorney, Jacob Biby, mentioned that the family is not expected to comment on the district attorney’s decision, but urged reform to end bullying in schools.
The family called for changes in schools to promote respect, inclusion, and grace, and to eliminate bullying and hate.
The death of Benedict, who was nonbinary, sparked controversy and prompted attention from LGBTQ+ rights groups, Oklahoma’s governor, Kevin Stitt, and President Joe Biden.
In a video from the hospital, Benedict explained to an officer that they had been harassed by the girls because of the way they dressed. Benedict claimed that the students made derogatory remarks about them and their friends.
Benedict recounted to the officer at the hospital that after pouring water on the students, they were attacked by all three of them.
Paramedics responded to the family’s house and performed CPR before taking Benedict to the hospital, where the teen later died.
Benedict’s family has said that the teenager faced harassment due to their nonbinary identity, and the U.S. Department of Education has launched an investigation into the school district based on a letter sent earlier this month.
Owasso Public Schools acknowledged that they have been informed about the investigation and dismissed the allegations as unsupported and without merit in a statement.
In his announcement on Thursday, Kunzweiler explained that while securing a criminal conviction requires a high standard of proof, a civil case requires less evidence.
He mentioned that it is up to individuals to decide if they want to seek legal help for remedies in the civil court system, as the scope of those inquiries is broader than the question of criminal or delinquent behavior.
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This article contains discussion of suicide. If you or someone you know needs assistance, please call the National Suicide Prevention Lifeline at 800-273-8255.
