Charges will not be filed in connection with Nex Benedict's death, Tulsa County DA says

[SouthBayDem]

Source: KOCO

OWASSO, Okla. — The Tulsa County District Attorney's Office will not file charges in connection with the death of 16-year-old nonbinary Owasso High School student Nex Benedict.

On Feb. 7, authorities say Benedict got into a fight in a bathroom at Owasso High School. The school did not report the fight to police, and Benedict's mother took them to a hospital shortly afterward for evaluation and reported the incident to police.

[...]

The Tulsa County District Attorney's Office reviewed the Owasso Police Department's investigation into Benedict's death, saying they do not believe the filing of juvenile charges is warranted.

"From all the evidence gathered, this fight was an instance of mutual combat," Tulsa County District Attorney Stephen Kunzweiler wrote in a news release. "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."

Read more: https://www.koco.com/article/nex-benedict-death-oklahoma-no-charges-filed/60270629

[stopdiggin]

1. heartrending story

with a utterly tragic ending.

I'm sure there are voices to advocate that charges should be brought here - regardless the chances of prevailing in the courtroom. (and I'll not argue that there isn't occasion when that might not be a proper course) But, I think one also has to acknowledge that the DA made a reasoned judgement here - given the circumstances present with how this assault unfolded.

(I haven't heard - has the school itself handed down any penalties for participants in this fight?)

[DiverDave]

10. So, its ok

A child is dead.
I'm wondering if federal charges can be filed.
Kill someone that some hate for who they are.
It's OK in Oklahoma.
Sickening.
The murderers should be in prison.
I wonder if the victim were a straight, white kid, would the outcome be different.
Justice.

[stopdiggin]

11. First - didn't say anything even remotely approaching

And secondly - one would have to surmise from your statements that you know very little about what actually happened in this case. I'm not going to attempt to fix that - but perhaps you might want to try.

A child IS dead - and a lot of people are absolutely heartbroken.

[SunSeeker]

20. The feds are investigating Oklahoma schools for letting LGBTQ bullying happen.

They should start with the douchebag School Superintendent:

[SunSeeker]

2. OMFG, based on his press release, I guess we should be glad the DA didn't charge Nex!

"From all the evidence gathered, this fight was an instance of mutual combat," Tulsa County District Attorney Stephen Kunzweiler wrote in a news release. "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."

"Mutual combat"? Really? Nex was jumped in a bathroom for fuck's sake and engaged in self-defense. There was nothing mutual about it. Did Kunzweiler also think there were "very fine people, on both sides"?

[SouthBayDem]

5. Tulsa is a MAGA county, so that thought wouldn't be a surprise from him.

Tulsa County has voted Republican in all but two elections since 1920. (those two exceptions were for FDR's first two terms.)

[maxsolomon]

6. That's not fully accurate.

Girls were mocking Nex and friends, Nex poured water on girls, girls jumped Nex. So, Nex initiated the physical altercation.

That was what I read of Nex's description of the fight.

[SunSeeker]

9. You think throwing water in response to bullying is "mutual combat" to the girls jumping Nex?

One of those things is not like the others.

[stopdiggin]

13. nope. but 'throwing water' (or any substance) on another is assault

plain and simple - and, in this instance, also made them the 'assailant' in the conflict. In Nexs' own account - she took the fight to them. And that makes it a very, very hard case to win (or even take before) a jury.

[SunSeeker]

14. I didn't say it would be an easy case to win. I was disgusted by the DA's "mutual combat" wording.

Throwing water at a group who is accosting you with hate speech in a confined space like a bathroom does not make you an "assailant." That is the mildest form of self defense by a person alone, who needs to go to the bathroom and is being prevented from peacefully doing so by a gang of bigots verbally assaulting that person. A splash of water is not harmful and caused no injuries. The gang's fists put Nex in the hospital.

But here we are blaming the victim.

This is the kind of awful "damned if you do, damned if you don't" scenario that makes trans kids see that there can never be an end to the harassment, so they take their own lives. Which is what happened.

It is absolutely shameful that anyone here would defend the DA's choice to describe it as "mutual combat," as if Nex was the aggressor here.

[stopdiggin]

16. except, by their own words, Nex WAS the aggressor

"Throwing water at a group who is accosting you with hate speech in a confined space like a bathroom does not make you an "assailant."

Yes - despite your opinion - I'm afraid it does. As virtual anybody with any training in law or law enforcement will attest. Coming out on the wrong end of things doesn't erase the fact of who initiated the physical conflict. And that person is the 'assailant'.

Believe me - no fan of what is going on in Oklahoma, or the DA's office - but that state is not the only one in which the same facts hold sway.

[SunSeeker]

19. So stand your ground laws don't apply to LGBTQ people. Got it.

The general doctrine of self defense allows an individual to use a reasonable degree of force to protect herself from an unlawful physical attack, if she is without fault in initiating the conflict. However, both the use of force and the amount of force used must be necessary for her protection. So if the force is not proportionate to the threat or the threat is not immediate, the defense will generally not be available.

This gang of bigots accosted Nex, who was alone, with hate speech in the confined space of a bathroom. Nex needed to use the bathroom. The gang prevented Nex from using the bathroom in peace. They initiated the incident, not Nex. Nex responded with a very mild form of self defense, throwing water. It was harmless and did not cause physical injuries. They responded with their fists and put Nex in the hospital. It was in no way proportional and certainly was not necessary for their protection from Nex. The violent bigots should have been charged at a minimum for assault.

Well, you do have the Oklahoma School Superintendent on your side!

[malthaussen]

3. OK must have some queer laws...

... because I'm pretty sure that in other States, when "mutual combat" results in the death of one or more participants, the survivors are charged with some degree of manslaughter.

-- Mal

[maxsolomon]

7. The fight didn't directly cause Nex's death.

Nex OD'd 2 days later. So, Manslaughter is a stretch, or at least these prosecutors feel it is.

[malthaussen]

12. Ah, well, yeah, that does change things a little.

Obviously, there was a distinct connection. In law, not so obvious.

Although one could argue that common sense tells us that one person does not "mutually" engage in combat with multiple opponents, so Assault should not be out of the question. But again, Law differs from common sense.

-- Mal

[SunSeeker]

18. How about charging the bigots with assault? They put Nex in the hospital.

Bashing Nex's head was not a proportional response to getting wet. And Nex was alone. The gang had no basis to claim they were in fear of their safety. Plus, the gang initiated the incident by bullying Nex. Nex was just trying to use the bathroom in peace. The gang prevented Nex from doing that and it escalated from there.

[maxsolomon]

21. "The gang"?

I thought it was 2 teenage girls.

[SunSeeker]

24. It was 3 teenage girls who attacked Nex. They were, by definition, a gang.

Nex said it was three girls who engaged in the physical assault on Nex, resulting in physical injuries prompting Nex's hospitalization. Nex said the girls had previously mocked Nex and Nex's friends “because of the way that we dress.”

[maxsolomon]

25. OK, 3.

"Gang" has other connotations as well.

[karynnj]

8. I wonder if there would have been charges if they died as a DIRECT result of the fight -- maybe a concussion

Obviously, the fight might and the aftermath, with the police speaking of her throwing water as causing it, might have been a pretty major factor in her choosing suicide. Also, saying the water was the beginning ignores that it was in response to teasing (bullying) that was likely not an isolated occurrence. I saw the police tape where the man essentially said that in addition to the girls who beat him up, they would possibly be in trouble too. It was shocking that the fact that the three girls jumping one person, causing very real injury was not seen as completely out of proportion. That had to be very hurtful and could have made her think that her life in that school would be hell.

[SunSeeker]

15. Exactly. Beating Nex up was not self defense.

The general doctrine of self defense allows an individual to use a reasonable degree of force to protect herself from an unlawful physical attack, if she is without fault in initiating the conflict. However, both the use of force and the amount of force used must be necessary for her protection. So if the force is not proportionate to the threat or the threat is not immediate, the defense will generally not be available.

This gang of bigots accosted Nex, who was alone, with hate speech in the confined space of a bathroom. Nex needed to use the bathroom. The gang prevented Nex from using the bathroom in peace. They initiated the incident, not Nex. Nex responded with a very mild form of self defense, throwing water. It was harmless and did not cause physical injuries. They responded with their fists and put Nex in the hospital. It was in no way proportional and certainly was not necessary for their protection from Nex. The violent bigots should have been charged.

[maxsolomon]

23. Yes, it would be more likely if a concussion had killed Benedict.

Manslaughter. They are juveniles, however.

The water-pouring was the start of the physical altercation, though the verbal antagonism preceded it. That is a distinct line for assault.

[kimbutgar]

4. Those who participated in that fight in the bathroom will have to live with their guilt the rest of their lives

In a small community high school the students know who beat up Nex. And social media will identify them! And don’t forget they’ll probably be a memorial page in the yearbook. Nex will not be forgotten.

[stopdiggin]

17. Yeah. I've thought of that too.

There's some kids carrying around some weight on their shoulders ...
And, yeah - the school and classmates aren't going to be forgetting this one for a while.

[CousinIT]

22. "an instance of mutual combat" means: the victim defended themselves.

That's bullshit. This was a hate crime.