LGBTQ advocacy groups are condemning Tulsa County District Attorney Stephen Kunzweiler’s announcement that he will not file criminal charges in the death of Nex Benedict, an Oklahoma high school student who died the day after a fight broke out in the girls’ bathroom at her school. There is. .
Kunzweiler said in a statement Thursday that charges are warranted, citing a local police investigation and an Oklahoma State Medical Examiner’s report that found Benedict’s Feb. 8 death was a suicide. He said he did not think so.
Benedict, who identified as transgender and gender nonconforming, died after ingesting a fatal dose of antihistamines and antidepressants, according to a summary report released last week by the state medical examiner’s office. The full text of the medical examiner’s report is scheduled to be released on March 27th.
The district attorney said in a statement that police recovered “a short note written by Benedict that appears to be related to the suicide.”
“Although the memo makes no mention of any previous fights or difficulties at school, the parents stated that Benedict reported being bullied for various reasons while at school,” he wrote.
He added that he believed the fight was “an example of mutual combat” and that in the case of criminal charges, the state cannot bear the burden of proof beyond a reasonable doubt.
The decision quickly drew criticism from LGBTQ rights groups, who argued that the district attorney’s office made the decision even though key information about the case remained unknown.
“Kunzweiler has repeatedly given incomplete and premature information about Nex’s cause of death. A full autopsy report will not be released until next week,” LGBTQ media advocacy group GLAAD said Friday. in a statement. “The cause of death is also no reason not to hold the assailant responsible for acts of violence such as punching Nex unconscious in a public school bathroom and sending him to the hospital.”
Body camera footage released last month by police in Owasso, Oklahoma, shows Benedict, who lived with his grandmother Sue Benedict, being “jumped” by three unknown female students in a bathroom at Owasso High School on February 7. ” he testified. .
Benedict, who used both they and he pronouns, told police in the video that he threw water at the girls who made fun of Benedict and another student’s clothing, and that the girls punched him in response. Benedict collapsed at his home shortly after the fight and the next day and was taken to hospital.
“Attorney General Kunzweiler’s statement does not provide any further evidence or insight, but instead asks us to rely on the status quo to believe a set of facts that are deeply contrary to the lived experience of 2STGNC+ Oklahomans.” said Nicole McAfee, Freedom’s executive director. Oklahoma uses an acronym that stands for Two-Spirit, transgender, and gender nonconforming person.
“We have a right to learn safely here and to grow here,” McAfee continued. in a statement. “We deserve truth, transparency, and justice. And true justice doesn’t come from police officers with law degrees. We deserve what happened to Nex. We stand in solidarity with those who want honest answers.”
Kunzweiler’s statement does not mention Benedict’s gender identity, but refers to him by his dead name, the name he used before his transition. GLAAD said in a statement that the move was “harmful and completely unnecessary.”
“The statement, which names trans victims anonymously in its opening sentence, is a clear demonstration of the brand of justice put forth by Attorney Kunzweiler’s office, and that no Two-Spirit, Transgender, or Gender Non-Conforming Person (2STGNC+) It doesn’t include or respect people,” McAfee said. He said.
“Professor Kunzweiler’s words are having a tainting impact on public opinion as we await the results of an independent and ongoing investigation in the coming weeks,” they added.
This month, the Department of Education launched its own investigation into Benedict’s school district, Owasso Public Schools, at the request of the Human Rights Campaign (HRC), the nation’s largest LGBTQ rights group. HRC Chairman Kelly Robinson on February 21st letter He told Education Secretary Miguel Cardona that the district failed to adequately address sexual harassment against Benedict.
Robinson is another letter The organization asked Attorney General Merrick Garland to ask the Justice Department to investigate Benedict’s death. requested further investigation Reported to the Oklahoma State Department of Education and Oklahoma Superintendent of Public Instruction Ryan Walters.
More than 350 LGBTQ and civil rights organizations, including HRC, GLAAD, and Freedom Oklahoma, told Oklahoma House leadership last month that Walters was responsible for “fostering a culture of violence and hatred” against transgender and gender people. and called for Mr. Walters to be removed from his position. Misfits from Oklahoma.
Walters, elected in 2022, has characterized transgender students as a danger to their classmates, and Oklahoma has largely embraced education policies that limit the rights of transgender youth. In January, Walters appointed Chaya Reichik, a pro-TikTok conservative activist whose posts often target LGBTQ people, to the state library’s advisory board.
Robinson on Friday reiterated HRC’s request for a “full and complete” investigation into Walters, the state Department of Education and Owasso Public Schools.
“Nex has not only been failed by the school, but also by all of its elected officials who have allowed a culture of bullying and harassment to go unchecked,” Robinson said. in a statementin response to Kunzweiler’s decision not to press charges in the fight involving Benedict.
“We will not stop until there is justice for Nex and all children in Oklahoma and beyond,” she added.
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