Outrage after Oklahoma prosecutor declines charges in Nex Benedict bullying death

Outrage after Oklahoma prosecutor declines charges in Nex Benedict bullying death
Adocates and community members are outraged that Stephen Kunzweiler, the Tulsa County district attorney, has decided not to pursue criminal charges in the death of the transgender teen.
CHRISTOPHER WIGGINS
MARCH 22 2024 5:21 PM EST

After Tulsa County District Attorney Stephen Kunzweiler’s decision Thursday not to file charges in the death of Nex Benedict, a 16-year-old transgender and Indigenous high school student from Oklahoma who used he, him, they, and them pronouns, a storm of advocacy and criticism has emerged from LGBTQ+ groups and community members. This wave of condemnation targets both Kunzweiler’s specific handling of the case and the broader systemic implications for the protection of LGBTQ+ youth. At the heart of the outcry are Kunzweiler’s assertions based on the medical examiner’s ruling of suicide and his own characterization of a preceding altercation as “mutual combat,” which have ignited a broader debate about systemic failures in safeguarding marginalized youth.

Sarah Kate Ellis, president and CEO of GLAAD, was among the first to voice dissent, highlighting the decision as indicative of a systemic devaluation of the lives of Indigenous and LGBTQ+ students in Oklahoma. “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, gender-noncoforming+) students. Everyone from Superintendent [Ryan] Walters and Owasso High School to the unaccredited-since-2009 state Medical Examiner’s Office, the District Attorney, and Owasso Police Department have failed Nex Benedict and failed us all,” Ellis said in a statement.

“It is critical that an independent investigation is completed and the truth about what happened to Nex, and what all marginalized youth in Oklahoma schools endure, is brought to light. We will never stop seeking justice for Nex and we will never stop holding leaders accountable to serving their communities fairly and with compassion,” she said.

GLAAD officials also said that Kunzweiler’s decision was based on incomplete and inaccurate information.

Adding to the criticism, Freedom Oklahoma condemned Kunzweiler’s use of Benedict’s deadname, a practice Nicole McAfee, Freedom Oklahoma’s executive director, described as emblematic of a justice system failing to protect the dignity of transgender, Two-Spirit, and gender-nonconforming people.

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