No charges will be filed against three Oklahoma girls whose fight with nonbinary teen Bex Benedict in a school bathroom landed them in the hospital just a day before their deaths.
The 16-year-old’s death sparked a firestorm among LGBT activists who accused Owasso Public Schools of ignoring the bullying Nex endured in a state where students can only use bathrooms reserved for their biological gender.
But a state medical examiner concluded last week that a Nex had deliberately committed suicide with a drug overdose, and Tulsa District Attorney Steve Kunzweiler announced Thursday that no crime had been committed.
“I must be convinced — like any prosecutor — that a judge or jury would be convinced beyond a reasonable doubt that a crime was committed,” Kunzweiler said.
“From all the evidence collected, this fight was an example of mutual combat.”
The family of Nex Benedict, who died a day after being attacked at school, is disputing a medical examiner’s ruling that the nonbinary teen died by suicide
Tulsa District Attorney Steve Kunzweiler announced Thursday that no crime had been committed and that no charges would be filed against the three girls Nex fought
The prosecutor also revealed that police found “brief notes written by Benedict that appeared to be related to the suicide.”
“The precise contents of the suicide note are a personal matter that the family will have to deal with within the privacy of their own lives,” he added.
Police bodycam footage showed Nex describing the attack just two hours later while they were being interviewed by officers at the hospital on February 7.
“I got jumped at school,” Nex told the officer.
“They said something like ‘why are they laughing so much,’ and they were talking about us, in front of us,” Nex added. “So I went up and poured water on them, and all three of them came towards me.”
Nex was released from hospital but was readmitted the next day after they began to lose consciousness.
The Oklahoma Medical Examiner’s report said Benedict’s death was caused by a combined overdose of diphenhydramine and fluoxetine and ruled it a suicide.
But Nex’s relatives issued a statement following the partial release of the teen’s autopsy, saying the full report shows the child suffered clear signs of “physical trauma.”
Oklahoma nonbinary Nex Benedict reportedly died by suicide from a drug overdose, not from injuries sustained in a school fight, the medical examiner says
Messages Nex sent to a family member after the fight, shared by Fox23
Hundreds of people attended a candlelight vigil for Nex and their family in the nearby city of Tulsa
People sing during a vigil for the death of Nex Benedict outside the Stonewall Inn in New York
Their deaths became a rallying point for trans and LGBT activists across the country – and several vigils were organized to remember the student
“The Benedicts feel compelled to provide a summary of the findings that have not yet been released by the medical examiner’s office,” the family said through their attorney.
“Those who contradict the allegations of the attack on Nex are particularly significant.
“As detailed in the full report, the medical examiner found numerous areas of physical trauma over Nex’s body that evidence the severity of the attack.”
The case became a flashpoint in Oklahoma, where LGBT rights have been vigorously opposed and currently more than forty bills on the issue have passed through the state legislature, including fourteen aimed at changing school policy.
The state schools superintendent, Ryan Walters, blamed “radical leftists” for the backlash, insisting, “There are not multiple genders. There are two. This is how God created us.”
“I really see that there is a civil war going on, where the left is really fighting for the soul of our country,” he added.
“They undermine the very principles that made this country great, our Judeo-Christian values and our traditions in this country.”
Oklahoma Senator Tom Woods sparked outrage after calling transgender people “filth” when questioned about the teen’s death.
Insisting that his “heart goes out” to the family, he told a community meeting that “I represent a constituency that doesn’t want that filth in Oklahoma.”
State Senator Tom Woods (left) sparked outrage after calling transgender people “filth” when questioned about the death. State Schools Superintendent Ryan Walters (right) blamed “radical leftists” for the backlash
A walkout for Nex Benedict at Owasso High School on Monday, February 26
“We’re a religious state and we’re going to fight to keep that filth out of the state of Oklahoma because we’re a Christian state — we’re a moral state.”
Federal officials opened an investigation into the school district, and Kunzweiler admitted that a civil case against those involved could still proceed.
“Whether or not individuals can choose to seek legal advice for remedies in the civil area of the legal system is a decision best left to them,” he added.
“The scope of these investigations is not as limited as the criminal/delinquent conduct issue I was asked to address in this case.”