No charges in death of non-binary teen Nex Benedict, Tulsa County DA says
By Jamiel Lynch and Leah Thomeer, CNN
(CNN) — No charges will be filed the death of Nex Benedict, a non-binary Oklahoma 10th grader who died last month by suicide following a fight at school the day before, according to a news release from the Tulsa County District Attorney Stephen Kunzweiler.
The district attorney’s office reviewed reports from law enforcement about the February 7 fight in the bathroom at Owasso High School and Nex’s death on February 8 to determine whether charges should be filed, the release said.
In his statement, Kunzweiler said in Nex’s autopsy report, the medical examiner noted superficial injuries consistent with the fight but “did not uncover any evidence of an internal injury (blunt force / trauma related) which caused or resulted in death.”
The medical examiner ruled Nex’s death a suicide in an autopsy summary earlier this month. The full autopsy is expected to be released on March 27, as CNN previously reported.
Police also found “brief notes, written by Benedict, which appeared to be related to suicide,” the DA’s statement said.
According to family and friends, Nex identified as non-binary, and their death drew national attention, with multiple vigils taking place for the teen throughout the US, as advocates pointed to a heightened and hostile climate against the LGBTQ+ community.
“Based upon the investigation of the Owasso Police Department, I am in agreement with their assessment that the filing of juvenile charges is not warranted,” Kunzweiler said in the release. “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.”
CNN has reached out to the family’s attorney for comment on the DA’s decision.
In body camera video from February 7 released earlier by Owasso police, Nex describes the fight to an officer while in the hospital.
Nex, 16, says the day of the fight, they went to the bathroom “and I was talking with my friends, they were talking with their friends and we were laughing. And they had said something like, ‘Why do they laugh like that?’ And they were talking about us in front of us.” In response to those comments, Nex poured water from a water bottle on the students and that’s when things escalated, Nex tells the officer.
They came at Nex and grabbed at their hair, Nex says. Nex was then able to grab one of the girls and threw her into a paper towel dispenser, they say. Nex eventually got thrown onto the ground and the other students proceeded to beat them up, Nex says in the video.
The altercation was broken up by students and a faculty member, police have said. All students walked to the assistant principal’s office and the nurse’s office, police said.
The following afternoon, Owasso Fire Department medics responded to an emergency involving the teenager, who was transported to a pediatric emergency hospital where they later died, police said.
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