No criminal charges will be filed against anyone involved in the high school bathroom brawl with nonbinary teen Nex Benedict, who took their own life the following day, an Oklahoma prosecutor said.
Tulsa County District Attorney Steve Kunzweiler said in a statement Thursday he agreed with Owasso police investigators that the fight between Benedict and three girls was an “instance of mutual combat.”
“When I review a report and make a decision to file a charge I must be convinced — as is every prosecutor — that a crime was committed and that I have reasonable belief that a judge or jury would be convinced beyond a reasonable doubt that a crime was committed,” Kunzweiler said.
“From all the evidence gathered, this fight was an instance of mutual combat.”
Speculation ran rampant over whether injuries Benedict suffered from the fight might have contributed to the sophomore’s death. But police said late last month the 16-year-old did not die as a result of trauma.
Kunzweiler also said that authorities found a “suicide note” that was written by Benedict, who went by they/them pronouns.
“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.”
But the district attorney added the suicide note did not mention the bathroom fight or other difficulties at school, though Benedict had told family they were picked on at school for “various reasons,” according to the statement.
Kunzweiler said in the days leading up to the fight involving the two groups of students, both sides had been antagonizing each other. Benedict was sent to the hospital following the brawl, but was discharged the same day.
Benedict told a police officer from a hospital bed that the girls had been picking on them and their friends because of how they dressed and laughed. As a result, Benedict said they poured water on them leading to the fight.
The teen was found unresponsive by paramedics on Feb. 8 inside their home before dying at the hospital from what the medical examiner later said was an overdose of drugs.
The district attorney’s office noted both drugs used by Benedict were legally inside the home.
A lawyer representing Benedict’s family said he didn’t expect the family to comment on the district attorney’s statement.
The high-profile case of the student has led to sharp political divisions and a focus on school bullying, particularly against LGBT students.
With Post wires
If you are struggling with suicidal thoughts, you can dial the 24/7 National Suicide Prevention hotline at 988 or go to SuicidePreventionLifeline.org.