On Thursday, Tulsa County District Attorney Steve Kunzweiler issued a statement announcing that no criminal charges would be filed in the death of Nex Benedict. Benedict, a trans nonbinary teen, died Feb. 8, the day after being involved in a fight with fellow Owasso High School students.
On March 13, the Oklahoma Medical Examiner’s Office released a statement determining Benedict’s cause of death as toxicity from the antihistamine diphenhydramine and anti-depression medication fluoxetine. The cause of death was ruled as suicide. The report was a summary of the autopsy, with the full report to be released March 27.
In his statement, Kunzweiler refers to Benedict’s death as a tragedy and points to the discovery of notes that his office feels were related to suicide.
“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,” said Kunzweiler. “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. The precise contents of the suicide note are a personal matter in which the family will have to address within the privacy of their own lives.”
There is no mention of the bullying Benedict and other students in the Oklahoma school system have experienced for their gender identity or sexuality. Hwever, Kunzweiler dedicates a section of the statement to fighting.
“Fighting takes place at schools everyday across this nation,” said Kunzweiler. “Fighting takes place in our homes and in our neighborhoods. Some of these fights are emotional. Some of these fights are physical.”
Kunzweiler’s statement also states that the police department carried out their duties in the case.
“Despite enormous external pressure to rush to a decision, the Owasso Police Department did exactly what should be expected in circumstances such as this,” said Kunzweiler. “I commend the Owasso Police Department for the thoroughness of its investigation and the professionalism they displayed during this difficult time in their community.”
LGBTQ+ advocate and GLAAD president and CEO Sarah Kate Ellis responded to Kunzweiler’s statement on X.
“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+ (Two Spirit, transgender, gender-non conforming+) students,” tweeted Ellis. “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.”
Ellis reiterated a call for an independent investigation and for justice to be served.
“We will never stop seeking justice for Nex and we will never stop holding leaders accountable to serving their communities fairly and with compassion.”
This is a developing story.