No charges will be filed in death of nonbinary teen Nex Benedict, district attorney says

March 21 (UPI) -- The Tulsa County district attorney announced Thursday that no charges will be filed in connection to a fight that occurred last month at an Oklahoma high school involving nonbinary student Nex Benedict who died by suicide the next day.

The district attorney, Stephen Kunzweiler, made the announcement in a lengthy statement, explaining that neither he nor the Owasso Police Department believe filing juvenile charges is warranted.

"From all of the evidence gathered, this fight was an instance of mutual combat," he 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, 16, died by suicide on Feb. 8, a day after she was involved in a fight with other girls inside the bathroom of Owasso High School where she attended.

The three girls were accused of bullying Benedict, who was treated for minor injuries at a local hospital following the altercation.

Last week, the autopsy report was released, stating her death was ruled a suicide by overdose from taking a combination of diphenhydramine, an antihistamine, and antidepressant fluoxetine.

In his statement, Kunzweiler said the drugs were not illegal and were legally available within Benedict's home. He added that the medical examiner's report noted Benedict had suffered superficial injuries from the fight, there was no evidence of an internal injury that could have caused or been a contributing factor to the 10th-grader's death.

He added that the students were attending in school suspension and that the investigation found that the two groups of students involved in the fight did not appear to have known each other prior to the class. The report from law enforcement does state that the students who fought were "antagonizing each other" days prior.

The fight lasted less than a minute and began as a result of comments directed at Benedict over her laugh, and she responded by pouring water over two of the girls, he said.

"An important part of the Owasso Police Department's investigation was the discovery of some brief notes, written by Benedict, which appeared to be related to the suicide," Kunzweiler said.

"Although the notes do not make any reference to the earlier fight or difficulties at school, the parents indicated that Benedict reported being picked upon for various reasons while at school. The precise contents of the suicide note are a personal matter in which the family will have to address within the privacy of their own lives."