"From all the evidence gathered, this fight was an instance of mutual combat.”
An Oklahoma prosecutor has announced that no criminal charges will be filed against anyone involved in the high school bathroom brawl with Oklahoma sophomore student Nex Benedict, who committed suicide the following day.
On Thursday, Steve Kunzweiler, the Tulsa County District Attorney, said in a statement that he concurred with Owasso police that the fight between Benedict and three other girls was an “instance of mutual combat.”
Kunzweiler added, “When I review a report and make a decision to file a charge I must be convinced — as is every prosecutor — that a crime was committed and that I have reasonable belief that a judge or jury would be convinced beyond a reasonable doubt that a crime was committed. From all the evidence gathered, this fight was an instance of mutual combat.”
In February, Benedict had been in a fight with girls in the school bathroom and was found to have committed suicide the next day after a toxicology report from the medical examiner's office revealed that "the probable cause of death resulted from Diphenhydramine and Fluoxetine combined toxicity."
Even though the Owasso Police Department had previously stated that Benedict's death was not a result of trauma or injuries sustained during the altercation. The death motivated protests and vigils from LGBTQ activists as well as Antifa claiming that Benedict was bullied and killed for being trans, portraying Benedict as a trans non-binary martyr.
White House press secretary Karine Jean-Pierre strongly suggested to reporters that Benedict’s death was due to bullying for Benedict's LGBTQ identity.
Biden’s Department of Education Office for Civil Rights (OCR) even launched an investigation after receiving a letter from the Human Rights Council (HRC) alleging the school "failed to respond appropriately to sex-based harassment," in the wake of the 16-year-old’s death.
Benedict died after going to the hospital on Feb. 8, the day after the altercation at school. Benedict had been interviewed by officers on Feb. 7, when attending the hospital after the fight.
Benedict poured water on girls who were in the bathroom and the fight broke out, according to police footage of Benedict at the hospital.
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