Nonbinary student’s death after attack elicits outcry
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Felix Clary
ICT + Tulsa World
TULSA, Okla. – A 16-year-old student’s recent death in Oklahoma after being attacked by alleged bullies has ignited a firestorm on social media and calls for accountability by some who say school officials failed to protect the student.
Nex Benedict, who is of Choctaw descent, died February 8, one day after being attacked in an Owasso High School bathroom. Owasso is a community of 39,000 in northeast Oklahoma not far from Tulsa. Nex was a sophomore who reportedly identified as nonbinary, which is an umbrella term for those who identify with more than one gender, no gender or having a fluctuating gender identity.
ICT will use they/them pronouns to refer to Nex, as their family has stated this was their preference.
On Wednesday, Feb. 21, in the wake of threats made against the school, Owasso police said Nex’s death was not the result of trauma.
“While the investigation continues into the altercation, preliminary information from the medical examiner’s office is that a complete autopsy was performed and indicated that the decedent did not die as a result of trauma,” police said.
“At this time, any further comments on the cause of death are currently pending until toxicology results and other ancillary testing results are received. The official autopsy report will be available at a later date.”
The investigation is still ongoing.
Nex’s grandmother, Sue Benedict, formally adopted Nex as her child a few years ago, after raising Nex since they were two months old, along with her other five children, according to the Independent.
Nex’s grandparents were quoted as saying they were supportive of Nex’s identity, even if they did not always fully understand it.
Sue told the Independent: “So many people push kids to be one thing, and you’ve got to let them find themselves and be who they should be. … Society has got to see them as they are. Accept them and go on, because we are all people.”
According to Sue, Nex’s bullying started at the beginning of 2023, shortly after Gov. Kevin Stitt signed a bill that required public school students to use the restroom that matched the sex they were assigned at birth, according to the Independent. In Nex’s case, they were required to use the women's restroom.
On February 7, Nex and their friend, who was also transgender female-to-male, went to the women’s restroom as required by law.
This is where the bullying escalated into a “physical altercation,” according to the Owasso Police Department, as quoted by the Independent.
Nex reportedly told Sue three older girls fought with them. They said they were knocked to the ground during the fight and hit their head on the floor.
Sue told the Independent she was furious the school didn’t call an ambulance or the police. She took Nex to the Bailey Medical Center in Owasso.
According to the Owasso police report, an Owasso School Resource officer was sent to the medical center to interview Nex and Sue concerning the altercation.
Nex was badly beaten with both eyes bruised and visible scratches, Sue told the Independent.
The next morning, the school resource officer followed up with Sue. Nex had a medical appointment scheduled in Tulsa February 8, but they did not make it.
When they woke up, they couldn’t make it past the living room floor, collapsing in the family living room.
According to the police report, the Owasso Fire Department medics were dispatched to the scene. Sue said medics found Nex had stopped breathing.
Nex was transported to the St. Francis Pediatric Emergency Room where they later died.
District officials tried to reassure the public that all necessary steps were taken to protect all students.
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The school’s statement reads, “Students were in the restroom for less than 2 minutes and the physical altercation was broken up by other students. … Once the altercation was broken up, all students involved in the altercation walked under their own power to the assistant principal’s office and nurse’s office.”
A Them article quotes a source that contradicts this statement, claiming Nex could not walk on their own after the incident.
The district officials’ statement continues, “Following district protocols, each of the students involved in the altercation was given a health assessment by a district registered nurse. … it was determined that ambulance service was not required.”
An uproar from the 2SLGBT+ community has begun on social media regarding Nex’s death, as well as from the Native community.
IllumiNative posted on X saying, “We mourn the tragic loss of Nex Benedict (Choctaw), a 16-year-old non-binary high school student who died after being brutally assaulted. This senseless act of violence serves as a poignant reminder of the ongoing dangers our 2SLGBTQIA+ relatives face.”
Several posts identified Nex as a Cherokee citizen, but Cherokee Chief Chuck Hoskin released a statement explaining no record of Cherokee citizenship was found for Nex.
“As parents, the First Lady and I are heartbroken. As Chief, the health and welfare of all children within the Cherokee Nation Reservation is of concern. … I have asked the Cherokee Nation Marshal Service to offer its support to the Owasso Police Department in investigating Nex’s death.”
He also addressed his thoughts on Nex’s identity.
“The more we learn about Nex’s life, the more we come to know a wonderful child whose experience and identity mattered and was worth celebrating. Above all, Nex deserved to live a full life. It was cut tragically short. May Nex rest in peace.”
Choctaw Chief Gary Batton later released a statement Wednesday saying Nex’s mother is a Choctaw citizen.
“The loss of a child is always difficult for a community and a family to accept. Although Nex does not appear to be affiliated with our tribe, their mother, Sue Benedict, is a registered member. Nex’s death weighs heavily on the hearts of the Choctaw people. We pray Nex’s family and their loved ones will find comfort,” he said.
TahlEquality is hosting a candlelight vigil for Nex in Tahlequah at 7 p.m CST Saturday, Feb. 24, at Norris Park.
Rural Oklahoma Pride is holding a vigil at 6:30 p.m. CST Saturday, Feb. 24, at Point A Gallery in Oklahoma City.
TulsaKids is holding one at Redbud Festival Park at 6:30 p.m. CST Sunday, Feb. 25, in Owasso.
Over the next two weeks, detectives are interviewing school staff and students about the incident, according to Owasso police’s Tuesday, Feb. 20, statement. It says they will be “submitting our investigation to the Tulsa County District Attorney’s Office for prosecution review.”
Oklahoma’s Republican-led Legislature has passed several new laws targeting transgender and nonbinary people in recent years, including bills that prohibit children from receiving gender-affirming medical care and prohibiting the use of nonbinary gender markers on birth certificates.
Gov. Kevin Stitt also has signed bills that prohibit transgender girls and women from playing on female sports teams and prevent transgender children from using school bathrooms that correspond to their gender identity.
Stitt’s office released a statement Wednesday, Feb. 21, on behalf of the governor and his wife, Sarah.
“Sarah and I are saddened to learn of the death of Nex Benedict, and our hearts go out to Nex’s family, classmates, and the Owasso community,” he said. “The death of any child in an Oklahoma school is a tragedy — and bullies must be held accountable.”
ACLU Oklahoma also released a statement Feb. 21.
“Policies that discriminate and hateful rhetoric spewed by state officials against transgender youth make our schools less safe and deny youth like Nex the future they deserve. We extend our most heartfelt condolences to Nex’s family, community, and trans youth across the state. We will never stop fighting for Oklahoma to be a safe place to raise every family."
The Associated Press contributed to this report.
This story is co-published by the Tulsa World and ICT, a news partnership that covers Indigenous communities in the Oklahoma area.
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