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Oklahoma DA Declines Charges In Nonbinary Teen's School Fight

A photograph of Nex Benedict, who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, Feb. 24, 2024, in Oklahoma City. An Oklahoma

An Oklahoma district attorney announced on Thursday that he will not be pursuing charges in the case of a nonbinary 16-year-old Owasso teenager, Nex Benedict, whose death was ruled a suicide following a fight in a high school bathroom. Tulsa County District Attorney Steve Kunzweiler stated that after reviewing the investigation by the Owasso Police Department, he concurred with detectives' assessment that the altercation between Benedict and three girls was deemed as an 'instance of mutual combat,' and therefore, no charges were warranted.

Kunzweiler emphasized that in order to file charges, there must be a clear indication that a crime was committed and that there is a reasonable belief that a judge or jury would find guilt beyond a reasonable doubt. He further mentioned that the police discovered a 'suicide note' written by Benedict, although the contents of the note were not disclosed.

Following the district attorney's decision, an attorney for Benedict's family refrained from commenting, while the family had previously called for reforms in schools to combat bullying and promote respect and inclusion. Benedict's death, being nonbinary and using they/them pronouns, has sparked discussions on LGBTQ+ rights and bullying in schools, drawing attention from both state and federal officials.

In a video from the hospital, Benedict recounted being bullied by the girls due to their appearance, leading to the altercation in the bathroom. Paramedics attempted to revive Benedict at home before rushing them to the hospital, where they later passed away. Allegations of harassment based on Benedict's nonbinary identity have prompted a federal investigation into the school district, which has denied the claims.

Kunzweiler acknowledged the differing standards of proof in criminal and civil cases, suggesting that individuals may seek legal counsel for potential civil remedies. The tragic incident has shed light on the importance of addressing bullying and promoting a safe and inclusive environment in schools.

If you or someone you know needs help, please call the National Suicide Prevention Lifeline at 800-273-8255.

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