Tulsa County (Okla.) District Attorney Steve Kunzweiler released a statement Thursday that said no criminal charges will be filed in the death of 16-year-old transgender Owasso High School student Nex Benedict last month.
According to Kunzweiler’s statement, based on all the evidence presented, he acknowledged the finding by the Oklahoma State Medical Examiner that Benedict died from an overdose of Benadryl and Prozac and the cause was suicide. According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school.
Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.
Addressing the fight in one of the school’s restrooms the day with a group of three other students prior to Benedict’s death on Feb. 8, which had led to the hospitalization and the ongoing controversy Kunzweiler noted:
“Regarding the fight which took place at the Owasso High School, the combatants were all under 18 years of age. Consequently, if charges were justified, those charges would be handled as a delinquent child cause of action in a juvenile court of law. 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,” he said adding:
“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.”
In his statement, Kunzweiler said that the investigation stated that the incident was less than 60 seconds long and started after some girls made comments about how Benedict laughed and Benedict poured water on the girls.
Kunzweiler’s further noted that the students were serving in-house suspension and didn’t know each other before that week, but, had been antagonizing each other, although no student reported it to teachers or staff.
The district attorney however noted that the family still has civil options open to them, writing:
“Finally, whether or not individuals may choose to seek legal counsel for remedies in the civil realm of the court system is a decision best left to them. The scope of those inquiries are not as limited as the question of criminal/delinquent conduct which I was asked to address in this case.”
Lance Preston, the founder and executive director of the Rainbow Youth Project, a national organization dedicated to supporting LGBTQ youth, in an emailed statement to the Los Angeles Blade wrote:
“In a controversial move that has sparked outrage within the LGBTQ+ community, the Tulsa County District Attorney has declined to press charges against the students involved in the assault on Nex Benedict at Owasso High School. This decision has sent a chilling message that LGBTQ+ students may not be afforded the same level of protection and justice as their peers.
Following the announcement, the Rainbow Youth Project has been flooded with calls to its crisis center from concerned young people and outraged parents. The decision not to pursue charges against the perpetrators has created a sense of fear and insecurity among LGBTQ students and their families, who now question their safety in Oklahoma schools.
The decision not to hold the assailants accountable has raised serious concerns about the prioritization of LGBTQ safety in Oklahoma’s educational institutions. State Sen. Tom Woods’ derogatory remarks towards LGBTQ individuals only serve to compound the hostile environment faced by these marginalized students.
Rainbow Youth Project has vowed to continue advocating for the safety and rights of LGBTQ youth in the wake of this troubling development.
“It is essential that we stand together to protect and support LGBTQ+ students in our schools. No young person should have to fear for their safety simply because of who they are,” stated Rainbow Youth Project USA Executive Director Lance Preston. “As the community grapples with the implications of the district attorney’s decision, the need for increased awareness and support for LGBTQ students has never been more critical. Organizations like Rainbow Youth Project play a crucial role in providing a safe space for LGBTQ+ youth and advocating for a more inclusive and accepting society.”
GLAAD President Sarah Kate Ellis told the Blade in an emailed statement:
“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 students. Everyone from Superintendent Walters and Owasso High School to the unaccredited-since-2009 state Medical Examiner’s Office, the district attorney and Owasso Police Department have failed Nex Benedict and failed us all. It is critical that an independent investigation is completed and the truth about what happened to Nex, and what all marginalized youth in Oklahoma schools endure, is brought to light. We will never stop seeking justice for Nex and we will never stop holding leaders accountable to serving their communities fairly and with compassion.”
Reaction also came from Human Rights Campaign President Kelley Robinson who stated:
“Nex was failed by their school, and failed by every elected official who allowed a culture of bullying and harassment to grow unchecked. We reiterate our call for a full and complete investigation into the district, into state superintendent Walters and the OSDE, and into the response after Nex was attacked. We won’t stop until there is justice for Nex and for all kids — in Oklahoma and beyond.”
Story courtesy of the Washington Blade via the National LGBTQ Media Association. The National LGBTQ Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: https://nationallgbtmediaassociation.com