LGBTQ+ advocates denounce DA's decision to not file charges in Nex Benedict's death

Editor's note: If you or someone you know has suicidal thoughts, addictive tendencies, stress and other mental health issues, you can call or text 988, Oklahoma's Mental Health Hotline, or call 911. 

LGBTQ+ advocates denounced the Tulsa County district attorney's decision to not file charges in the death of Nex Benedict or the fight that preceded it.

Tulsa DA Steve Kunzweiler called Benedict's death, which was ruled a suicide by Oklahoma's chief medical examiner, a "tragedy." But he said that based on the investigation by the Owasso Police Department, the "filing of juvenile charges is not warranted."

Kunzweiler based his decision on nearly 60 pages of reports and other digital files, including interviews with seven Owasso High students and six staffers. He also looked over police notes from the school nurse and reports from responding officers in addition to a 12-page autopsy report, which found that Benedict died Feb. 8 from toxicity of diphenhydramine, an antihistamine, and fluoxetine, an anti-depression medication.

GLAAD responds to DA's decision: Leaders in Oklahoma have shown that they don’t value Nex’s life

Sarah Kate Ellis, President & CEO of GLAAD, said in a statement that leaders in Oklahoma, including state schools Superintendent Ryan Walters, Owasso High School and the state Medical Examiner's Office, failed Nex.

“Time and time again, leaders in Oklahoma have showed that they don’t value Nex’s life, or the lives of other Indigenous and 2STGNC+ (Two Spirit, transgender, and gender-nonconforming+) students," Ellis said.

She said an independent investigation is critical as well as the truth about what happened to Benedict and what all marginalized youth in Oklahoma schools experience.

"We will never stop seeking justice for Nex and we will never stop holding leaders accountable to serving their communities fairly and with compassion," Ellis said.

Freedom Oklahoma calls DA's statement consequential

In Kunzweiler’s statement, the DA first refers to Benedict by their deadname before including the name they went by.

“A statement that deadnames a trans victim as its opening sentence is one that clearly indicates the brand of justice doled out by DA Kunzweiler’s office–one that does not include or respect Two Spirit, transgender, or gender nonconforming+ (2STGNC+) people," Nicole McAfee, Freedom Oklahoma executive director, said in a statement.

McAfee said Kunzweiler’s words have an impact on public opinion as Oklahomans and the rest of the nation await results of the U.S. Department of Education's investigation into Owasso Public Schools.

"It's a shame to see DA Kunzweiler use the platform of his office in this way, but not unexpected given the culture of punishment, not justice, that is the Oklahoma standard when it comes to the criminal punishment system," McAfee said. "DA Kunzweiler’s statement offers no more evidence or insight, instead, it asks us to trust the status quo in believing a set of facts that are so violently in opposition to the lived experiences of 2STGNC+ Oklahomans."

McAfee said 2SLGBTQ+ people have always been, and will always be in Oklahoma, adding that the queer community deserves the safety to learn here, to thrive here.

"True justice does not come from a cop with a law degree," McAfee said. "We stand in solidarity with those seeking honest answers to what happened to Nex. And we do so because we hear and believe the harm 2STGNC+ Oklahomans tell us they experience every day as a result of targeted policies and hostile school environments."

Rainbow Youth Project reports sharp increase in crisis calls since the DA's decision

In a statement, the Rainbow Youth Project said the district attorney's decision has escalated concerns among the LGBTQ+ community, adding that in the past 24 hours, Rainbow Youth Project USA saw a sharp increase in calls from people worried and afraid of returning to schools.

"Many callers have expressed sentiments such as, 'we told you they don't care what happens to us,'" the statement reads.

The organization said it echoes its partners in calling for an independent investigation into the altercation involving Benedict to address the "pervasive issue of bullying and intolerance in Oklahoma public schools."

Rainbow Youth Project reported that the crisis hotline saw 1,097 calls from Oklahoma in February, and 824 in March so far. The average for the state is 357 per month.

The organization reported that 82% of those callers reported bullying, and 62% cited anti-LGBTQ+ rhetoric from Walters.

"We are deeply disturbed by the harmful impact that Superintendent Ryan Walters' toxic political rhetoric has had on the mental well-being of 2SLGBTQ+ students in Oklahoma," Lance Preston, executive director at Rainbow Youth Project USA, said in the statement. "These students deserve to feel safe and supported in their schools, and it is disheartening to see them subjected to such discriminatory language by a public figure."

This article originally appeared on Oklahoman: LGBTQ+ advocates react to DA's decision to not file charges in Nex Benedict's death