D.A. Declines To File Charges Against Students Involved In Fight With Nonbinary Teen Nex Benedict Fight Before Their Suicide

In the aftermath of the suicide of Nex Benedict, a nonbinary high school student, the district attorney who investigated the case in Oklahoma announced that no charges would be filed in connection with the altercation that occurred the day before the tragic incident.

Nex, who identified as transgender and used he/they pronouns, got into a fight with fellow students at Owasso High School West Campus, northeast of Tulsa, on February 7.

After the fight, Nex’s mother escorted them to the hospital and reported the incident to the police. In a subsequent interview at the hospital, captured on body camera footage, Nex recounted that three students had assaulted them after Nex threw water on them in response to bullying directed at Nex and a friend due to their clothing choices.

According to Stephen Kunzweiler, the fight involved two groups of students who were previously unacquainted until their encounter during in-school suspension. In the days leading up to the altercation, tensions had escalated between the groups. Kunzweiler noted that none of the students had reported the escalating behavior to school administrators or teachers.

Kunzweiler, the district attorney of Tulsa County, deemed the fight in the high school bathroom, which resulted in Nex taking a trip to the hospital, as an “instance of mutual combat.”

Additionally, Kunzweiler revealed that in the investigation, Owasso police officers discovered “brief notes” written by Nex, which appeared to be related to the suicide. Although the contents of these notes will remain undisclosed, Kunzweiler emphasized that they did not make any explicit reference to the earlier fight or difficulties at school.

Authorities initiated an investigation to determine whether Nex’s suicide on February 8 bore any connection to the prior altercation.

Initially, preliminary information from the autopsy report released on February 21 indicated that Nex’s death was unrelated to physical trauma. However, law enforcement officials later acknowledged that the fight could not be entirely ruled out as a potential contributor to Nex’s demise.

The medical examiner’s report stated that Nex’s cause of death was “combined toxicity,” a result of the presence of two drugs, both substances legally accessible within Nex’s residence. The report also acknowledged the presence of the injuries from the fight that occurred the day before Nex’s death.

Nex’s family made a recent statement: “Reforms creating school environments that are built upon the pillars of respect, inclusion and grace, and aim to eliminate bullying and hate, are the types of change that all involved should be able to rally behind.” 

The death sparked national outrage. White House spokesperson Karine Jean-Pierre wrote on X, “Every young person deserves to feel safe and supported at school. Our hearts are with Nex Benedict’s family, friends, and the entire school community in the wake of this horrific and gut-wrenching tragedy.”