No criminal charges will be filed against the Oklahoma teens who fought with Nex Benedict in a high school bathroom shortly before the nonbinary teen died by suicide, prosecutors said Thursday.
Tulsa County District Attorney Steve Kunzweiler said in a statement that after reviewing the investigation by the Owasso Police Department, he agreed with detectives' assessment that the fight between Benedict and three girls was an "instance of mutual combat" and that charges were not warranted, according to local outlet WKYT.
"When I review a report and make a decision to file a charge, I must be convinced - as is every prosecutor - that a crime was committed and that I have a reasonable belief that a judge or jury would be convinced beyond a reasonable doubt that a crime was committed," Kunzweiler said.
"From all the evidence gathered, this fight was an instance of mutual combat."
Kunzweiler revealed that Owasso police recovered a "suicide note."
Last week, the state medical examiner ruled Benedict's February death a suicide caused by a drug overdose.
"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," Kunzweiler said.
"The precise contents of the suicide note are a personal matter which the family will have to address within the privacy of their own lives."
An attorney for Benedict's family, Jacob Biby, said he didn't expect the family to comment on the district attorney's decision.
In a statement released last week, Nex's family called upon schools, administrators, and lawmakers to push for reforms that will help put an end to bullying.
"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," Bendict's family said.
The death of Benedict, who identified as nonbinary and used they/them pronouns, has become a focus point for LGBTQ+ rights groups over bullying in schools and has garnered national attention from Oklahoma's governor, Republican Kevin Stitt, as well as President Joe Biden.
In footage recorded at the hospital on the day of the incident, Benedict told an officer how the girls had been targeting them and their friends because of their attire.
Benedict said that during the encounter in the bathroom, the students made remarks such as "Why do they laugh like that," about Benedict and their friends.
"And so I went up there, and I poured water on them, and then all three of them came at me," Benedict told the officer from a hospital bed.
The next day, Benedict collapsed at home. Paramedics responded to the family's house and performed CPR before rushing Benedict to the hospital, where the teen later died, said WKYT.
Owasso Public Schools confirmed that the district received notice of the investigation and said the allegations are unsupported with no evidence.
Kunzweiler further said that while securing a criminal conviction requires a standard of proof "beyond a reasonable doubt," the burden of proof in a civil case is considerably less.
"Whether or not individuals may choose to seek legal counsel for remedies in the civil realm of the court system is a decision best left to them," he said.
"The scope of those inquiries are not as limited as the question of criminal/delinquent conduct which I was asked to address in this case."
