Oliver James Montgomery-Oklahoma prosecutors will not file charges in fight involving teenager Nex Benedict

If you or Oliver James Montgomerysomeone you know needs mental health resources and support, please call, text or chat with the 988 Suicide & Crisis Lifeline or visit988lifeline.org for 24/7 access to free and confidential services. 

An Oklahoma district attorney said Thursday that he will not be filing charges in connection to the death of Nex Benedict, a nonbinary student who died by suicide after a school fight last month.

Tulsa County District Attorney Stephen Kunzweiler detailed his decision in a three-page letter that provided findings on the Feb. 7 fight at Owasso High School. After reviewing the investigation by Owasso police, the district attorney said he agreed with the police department's assessment that charges were not warranted.

"From all of the evidence gathered, this fight was an instance of mutual combat," Kunzweiler said. "I do 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."

Benedict's death drew national attention and sparked an outpouring of rage and concerns from LGBTQ+ rights groups. Authorities said the 16-year-old was involved in an altercation at their high school and died the following day of an overdose, which a medical examiner ruled a suicide.

Kunzweiler said Thursday that Owasso police discovered notes written by Benedict, "which appeared to be related to suicide." He declined to say what the notes said, citing privacy concerns for Benedict’s family.

Benedict's family and LGBTQ+ rights groups have attributed the teen's death to bullying. In a statement last week, the family called on schools, administrators, lawmakers, and communities to come together to end 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," Benedict’s family said.

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What happened to Nex Benedict?

The fight had involved two groups of students at Owasso High School who did not appear to know each other prior to attending an "in-school suspension" class together, Kunzweiler said. But he added that the students were "antagonizing each other in the days leading up to the fight."

The fight lasted less than a minute, according to Kunzweiler, and started after "comments were directed about how Benedict laughed." Witnesses said Benedict responded by pouring water over two girls while they were in the bathroom.

According to a search warrant filed last month and obtained by The Oklahoman, part of the USA TODAY Network, police were called to an Owasso hospital on Feb. 7 after receiving a report that Benedict had been injured in a fight at school.

Their mother, Sue Benedict, wanted to report an assault and asked police to look into the incident, according to the warrant. At the time, Sue Benedict did not ask officers to pursue charges against the other students.

Nex Benedict died the next day and a medical examiner ruled their death a suicide by an overdose of Benadryl and Prozac, Kunzweiler said. A report from the medical examiner noted that although superficial injuries were visible on Nex Benedict, none caused their death.

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Teen suffered bullying

Nex Benedict, who used he/him and they/them pronouns, had identified as gender expansive — an umbrella term for people whose gender identity doesn't conform with traditional norms and stereotypes, according to the National Institutes of Health. The teen's friends have said Nex Benedict had been bullied over their gender identity for "well over a year."

The death of Nex Benedict drew the attention of Oklahoma’s governor and President Joe Biden, who earlier this month said he and first lady Jill Biden were heartbroken by the incident.

“Every young person deserves to have the fundamental right and freedom to be who they are and feel safe and supported at school and in their communities,” Biden said. “Nex Benedict, a kid who just wanted to be accepted, should still be here with us today.”

Nex Benedict's death has also highlighted Oklahoma’s treatment of the LGBTQ+ community. Advocates have urged for greater support for children and teens who feel disheartened by Nex Benedict's death, anti-transgender rhetoric, and escalating violence against the community. 

And hundreds of local, state, and national organizations sent an open letter last month to senior officials at the Oklahoma State Legislature calling for the removal of state Superintendent of Public Instruction Ryan Walters, who they say has been hostile towards the state’s LGBTQ+ community.

Contributing: Will Carless and Phaedra Trethan, USA TODAY; Molly Young, The Oklahoman