No charges in Nex Benedict’s death, prosecutor says

The Tulsa County district attorney said Thursday that no charges would be filed in the fight at an Oklahoma high school last month involving a nonbinary student, Nex Benedict, who died by suicide the next day.

The district attorney, Stephen A. Kunzweiler, announced his decision in a three-page letter that provided the most complete official account yet of the Feb. 7 fight at Owasso High School, the student’s death and the findings of a weeks-long police investigation.

“From all the evidence collected, this fight was an example of mutual combat,” Mr. Kunzweiler wrote. “I have no reasonable belief that the State of Oklahoma could meet its burden of proving beyond a reasonable doubt if charges were brought for prosecution.”

The fight, which took place in a girls’ bathroom, gained national attention after Nex’s death sparked outrage from gay and transgender rights groups. They linked the death to the physical altercation and to what family members said was bullying at school.

Earlier this month, the state medical examiner released the results of its investigation and found that Nex had died from the “combined toxicity” of diphenhydramine, an antihistamine often used for allergies, and fluoxetine, a drug often used to treat depression. The autopsy found no evidence of any internal injuries from the fight, Mr. Kunzweiler wrote. The medical examiner’s office listed the manner of death as suicide.

“A key part of the Owasso Police Department’s investigation was the discovery of several brief notes written by Benedict that appeared to be related to the suicide,” the district attorney wrote.

He added that the notes “do not make any reference to the previous argument or difficulty at school,” but that family members said Nex “had been bullied at school for various reasons.”

The investigation included police interviews with seven students and six school employees, Mr. Kunzweiler wrote. He said the parents of another “two children” did not grant an interview or were “in the process of consulting with a lawyer.”

The two groups of students involved in the fight, including Nex, did not appear to know each other before they were placed in a “suspension class” together, Mr. Kunzweiler wrote. But he said they “worked against each other in the days leading up to the fight.” According to the public prosecutor, no reports were made to the school.

The bathroom fight lasted less than a minute and began after “comments were made about how Benedict was laughing,” Mr. Kunzweiler wrote, and Nex responded by pouring water on two girls while they were in the bathroom.

In an interview with a police officer later that day from a hospital bed, Nex described the altercation: “They grabbed my hair. I grabbed them. I threw one of them into a paper towel dispenser and they pulled my legs out from under me and put me on the ground,” Nex said in a video of the interview released by police. “My friends tried to jump in and help, but I’m not sure, I blacked out.”

An attorney representing Nex’s family, Jacob Biby, said the family would have no comment on the prosecutor’s decision.

Mr. Kunzweiler said in his letter that fights were unfortunately common and not all led to criminal charges. He called Nex’s death a tragedy.

“The reasons why someone commits suicide do not provide answers for those left behind,” he wrote.

If you are having suicidal thoughts, call or text 988 to reach the 988 Suicide and Crisis Lifeline or visit SpeakingOfSuicide.com/resources for a list of additional resources.

Edgar Sandoval reporting contributed.