Tulsa County District Attorney Stephen Kunzweiler has announced there will be no charges filed in connection to the death of 16-year-old trans student Nex Benedict. Benedict, who identified as transgender according to friends and family, died on February 8 after being taken to hospital the day before, following a physical altercation with three girls in a restroom at Owasso High School in Oklahoma. In an emergency room interview, Benedict told a school resource officer that during the fight, the three students beat him until he “blacked out.” Last week, a summary of the state medical examiner’s report was released, listing Benedict’s probable cause of death as a likely suicide from the “combined toxicity” of two medications: diphenhydramine (popularly known as Benedryl) and the anti-depressant fluoxetine (aka Prozac). https://twitter.com/KOSURadio/status/1771172472034820350 According to NPR radio station KOSU, bullying someone to attempt or complete suicide is a felony in Oklahoma, but Kunzweiler says there is not enough evidence to prosecute. He added that, based on the evidence gathered, the “fight was an instance of mutual combat.” He continued:
“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.”
“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 suicide. The precise contents are a personal matter which the family will have to address within the privacy of their own lives.
“Although the notes do not make any reference to the earlier fight or difficulties at school, the parents indicated that Benedict reported being picked upon for various reasons while at school.
“Whether or not individuals 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 inquiries are not as limited as the question of criminal/delinquent conduct which I was asked to address in this case.”
Considering the hostile atmosphere regarding LGBTQ people in Oklahoma, Kunzweiler’s decision is – sadly – not a surprise. https://twitter.com/sarahkateellis/status/1770966263168127249 https://twitter.com/sarahkateellis/status/1770966559906771434
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