Tulsa DA won’t file charges in connection with the death of Nex Benedict

The Tulsa District Attorney announced on Thursday, no charges will be filed in the death of Nex Benedict.

OKLAHOMA CITY (KFOR) - The Tulsa District Attorney announced on Thursday that no charges will be filed in the death of Nex Benedict.

According to DA Stephen Kunzweiler's office, based on the investigation of the Owasso Police Department, no filing of juvenile charges are warranted. Kunzweiler's office also said that from all the evidence gathered, the fight was an instance of mutual combat and does not have a reasonable belief that the State of Oklahoma could sustain its burden of proof beyond a reasonable doubt if charges were presented for prosecution.

A summary autopsy report by the Medical Examiner shows the non-binary Owasso teen died by suicide just a day after an altercation with several other student at Owasso High School.

The DA's office concluded its announcement by saying that 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.

Read full statement below.

Executive Director of Freedom Oklahoma Nicole McAfee released a statement on Thursday night in response to the Tulsa DA's decision not to file charges.

A statement that deadnames a trans victim as its opening sentence is one that clearly indicates the brand of justice doled out by DA Kunzweiler’s office–one that does not include or respect Two Spirit, transgender, or gender nonconforming+ (2STGNC+) people. DA Kunzweiler’s office has refused to collaborate with tribal law enforcement and respect the rights of Indigenous people killed on Indigenous land, and yet again he has issued a decision in this case as if he gets a say in what justice is for Nex Benedict. DA Kunzweiler’s words do have an impact on tainting public opinion as we await results of independent, ongoing investigations in the weeks ahead. It's a shame to see DA Kunzweiler use the platform of his office in this way, but not unexpected given the culture of punishment, not justice, that is the Oklahoma standard when it comes to the criminal punishment system. 

DA Kunzweiler’s statement offers no more evidence or insight, instead, it asks us to trust the status quo in believing a set of facts that are so violently in opposition to the lived experiences of 2STGNC+ Oklahomans. 2SLGBTQ+ people have always been, and will always be in Oklahoma. We deserve the safety to learn here, to thrive here. We deserve truth, transparency, and justice. And true justice does not come from a cop with a law degree. We stand in solidarity with those seeking honest answers to what happened to Nex. And we do so because we hear and believe the harm 2STGNC+ Oklahomans tell us they experience every day as a result of targeted policies and hostile school environments.

Freedom Oklahoma awaits the results of the U.S. Department of Education investigation into Nex Benedict’s death, and will continue to push for comprehensive protections that truly support and affirm all 2SLGBTQ+ students across Oklahoma, Indian Country, and beyond.

Nicole McAfee, Executive Director of Freedom Oklahoma