No Charges Will be Filed Over Nex Benedict’s Death or Preceding Fight, DA Says

This blog originally appeared at THEM.

LGBTQ+ advocates persist in urging for an autonomous inquiry into Benedict’s passing.

Tulsa County District Attorney Stephen Kunzweiler announced this week that no criminal charges would be pursued in the case of Nex Benedict’s death, referring to the altercation leading to Benedict’s demise as “mutual combat.” Benedict, a 16-year-old high school sophomore, passed away on February 8 following a confrontation with three alleged bullies the previous day, during which Benedict reported experiencing a momentary loss of consciousness. Kunzweiler, in a press release Thursday using Benedict’s former name, stated that after reviewing police reports, both Benedict and the assailants had been engaging in mutual antagonism for several days prior to the altercation, making juvenile charges untenable.

The District Attorney further referenced the pending report from the state Office of the Chief Medical Examiner, indicating that the autopsy did not reveal any internal injuries consistent with causing Benedict’s death. Instead, Kunzweiler reiterated the preliminary determination that Benedict died from a combined overdose of diphenhydramine and fluoxetine, commonly known as Benadryl and Prozac respectively. While medical experts acknowledge such overdoses are rare, they are not without precedent.

Despite Kunzweiler’s stance, LGBTQ+ advocates and Benedict’s family remain skeptical as more details emerge. The Benedict family’s legal representation, Biby Law Firm, released a statement last week containing additional autopsy findings, including injuries contradicting claims that the assault on Nex was insignificant. These injuries reportedly include lacerations, hemorrhages, and bruising across Benedict’s body.

Amid mounting concerns, suspicions over the credibility of the official autopsy escalated following revelations about the unaccredited status of Oklahoma’s Chief Medical Examiner’s Office since 2009. Advocates have also criticized state Superintendent for Public Instruction Ryan Walters, alleging his anti-trans stance and support for controversial figures created an unsafe environment for LGBTQ+ students in Oklahoma.

GLAAD president and CEO Sarah Kate Ellis condemned various authorities involved in the case, calling for an independent investigation into Benedict’s death and holding leaders accountable for serving their communities with fairness and compassion.