No charges in Nex Benedict case following teen’s death: prosecutor

No criminal charges will be filed against anyone involved in the high school bathroom brawl with nonbinary teen Nex Benedict, who took their own life the following day, an Oklahoma prosecutor said.

Tulsa County District Attorney Steve Kunzweiler said in a statement Thursday he agreed with Owasso police investigators that the fight between Benedict and three girls was an “instance of mutual combat.”


Nex Benedict, who was nonbinary, died by suicide last month. AP

“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,” Kunzweiler said.

“From all the evidence gathered, this fight was an instance of mutual combat.”

Speculation ran rampant over whether injuries Benedict suffered from the fight might have contributed to the sophomore’s death. But police said late last month the 16-year-old did not die as a result of trauma.

Kunzweiler also said that authorities found a “suicide note” that was written by Benedict, who went by they/them pronouns.

“An important part of the Owasso Police Department’s investigation was the discovery of some brief notes, written by Benedict, which appeared to be related to the suicide,” Kunzweiler said.

“The precise contents of the suicide note are a personal matter which the family will have to address within the privacy of their own lives.”

But the district attorney added the suicide note did not mention the bathroom fight or other difficulties at school, though Benedict had told family they were picked on at school for “various reasons,” according to the statement.


Benedict got into a fight with three girls the day before their death.
Benedict got into a fight with three girls the day before their death. AP

Kunzweiler said in the days leading up to the fight involving the two groups of students, both sides had been antagonizing each other. Benedict was sent to the hospital following the brawl, but was discharged the same day.

Benedict told a police officer from a hospital bed that the girls had been picking on them and their friends because of how they dressed and laughed. As a result, Benedict said they poured water on them leading to the fight.

The teen was found unresponsive by paramedics on Feb. 8 inside their home before dying at the hospital from what the medical examiner later said was an overdose of drugs.

The district attorney’s office noted both drugs used by Benedict were legally inside the home.

A lawyer representing Benedict’s family said he didn’t expect the family to comment on the district attorney’s statement.

The high-profile case of the student has led to sharp political divisions and a focus on school bullying, particularly against LGBT students.  

With Post wires

If you are struggling with suicidal thoughts, you can dial the 24/7 National Suicide Prevention hotline at 988 or go to SuicidePreventionLifeline.org.

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Oklahoma death row inmate Scott Eizember last words: ‘My conscience is clear’

Scott James Eizember, a 62-year-old man who murdered an elderly couple 19 years ago, was executed by lethal injection in Oklahoma on Thursday. 

“I’m at peace,” Eizember said with an intravenous line in his arm, according to the Associated Press. “My conscience is clear, completely. I love my children.”

Eizember received his last meal at 5:10 p.m. on Wednesday evening. The lethal drugs started flowing at 10:01 a.m. on Thursday and he was declared dead at 10:15. 

As the execution began, Eizember could be seen talking to his spiritual adviser, Rev. Jeffrey Hood, who the Oklahoma Department of Corrections initially barred from the death chamber due to his history of anti-death penalty activism and an arrest, but was allowed in after the victims’ family requested it. 

At one point, Eizember lifted his head and mouthed, “I love you,” toward his daughter and attorneys. 

He was convicted of murdering an elderly couple – 76-year-old AJ Cantrell and 70-year-old Patsy Cantrell – on Oct. 18, 2003. 

The Rev. Jeffrey Hood, of Arkansas, speaks to the media before protestors deliver petitions against the death penalty to the office of Oklahoma Gov. Kevin Stitt on Jan. 11, 2023, in Oklahoma City.
AP

Eizember broke into their home to surveil his ex-girlfriend, Kathryn Smith, who lived across the street. When the Cantrells came home, Eizember shot and killed Patsy then bludgeoned AJ to death with the gun, prosecutors said at trial. 

After killing the Cantrells, he broke into his ex-girlfriend’s home and attacked both her son and mother before fleeing the scene in a stolen vehicle. 

Eizember was on the run for months until he was shot by a man who he attempted to hold hostage in Texas. 

Johnny Melton, the couple’s nephew, said that the past two decades have been “absolutely excruciating.” 

Johnny Melton, the nephew of slain couple A.J. And Patsy Cantrell, delivers a statement on behalf of the Cantrell family on Jan. 12, 2023, at the Oklahoma State Penitentiary.
AP

“There is no closure today, but a page has been turned and a fresh chapter in our lives has begun. After living this nightmare, I must say that 20 years is too long for justice to be served,” Melton said after the execution. 

“We absolutely want to get it right and we absolutely want to ensure that everyone’s rights are protected, but the process is much too slow.”

Eizember’s attorney did not respond to a request for comment on Thursday. 

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Tornadoes in Texas, Oklahoma kill 1, injure dozens, destroy buildings

Tornadoes tore through parts of Texas and Oklahoma on Friday, killing at least one person, injuring two dozens others and leaving dozens of homes and buildings in ruins.

Tornadoes hit hard in McCurtain County, Oklahoma, in the southeastern corner of the state. Cody McDaniel, the county’s emergency manager, confirmed one death although he didn’t immediately provide details.

The small town of Idabel saw a church, medical center and a school torn apart.

“There was total destruction on the south and east sides of Idabel,” Steven Carter, an emergency management coordinator for McCurtain County, told the Texarkana Gazette.

Carter told the paper people were still trapped late Friday.

Gov. Kevin Stitt said search-and-rescue teams and generators were being sent to the Idabel area.

“Praying for Oklahomans impacted by today’s tornadoes,” Stitt tweeted.

Powderly, Texas, was hit hard by a tornado yesterday.
AP

Keli Cain of the Oklahoma Emergency Management Office said at least three other counties were also hit by storms, with flash flooding in some areas.

The National Weather Service said tornadoes also were reported in Texas and Arkansas and a storm system was heading toward Louisiana.

In Texas, authorities in Lamar County said at least 50 homes were damaged or destroyed and 10 people were treated at one hospital, including two with critical injuries. No deaths were immediately reported.

Judge Brandon Bell, the county’s highest elected official, declared a disaster in the area, a step in getting federal assistance and funding. Bell’s declaration said at least two dozen people were injured across the county.

No deaths occurred in Powderly, Texas, although the tornado caused injuries and natural ruins.
AP

One community hit hard was Powderly, about 45 miles west of Idabel and about 120 miles northeast of Dallas. Both Powderly and Idabel are near the Texas-Oklahoma border.

The Lamar County Sheriff’s Office and Emergency Management said the tornado touched down shortly after 4 p.m. and traveled north-northeast through the communities of Hopewell, Caviness, Beaver Creek and Powderly.

Randi Johnson, chief of the Powderly Volunteer Fire Department, told The Paris News newspaper that she wasn’t aware anyone had been killed but knew of injuries.

“It’s going to take a long time to get this cleaned up, but the community came together,” Johnson said. “It’s really heartbreaking to see.”

Churches opened their doors to serve as shelters for those whose homes were impacted.

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Four Oklahoma men Mark and Billy Chastain, Mike Sparks, Alex Stevens missing after bike ride

Four men from a tiny Oklahoma city are still missing days after they all went on a bike ride together Sunday evening, according to authorities.

Mark Chastain, 32; his brother Billy Chastain, 30; Mike Sparks, 32; and Alex Stevens, 29 haven’t been seen or heard from in about four days with little indication where they could be, police said in a Facebook post this week.

The four men were reported missing Monday into Tuesday after they left one of their homes with bicycles in the city of Okmulgee around 8 p.m. Sunday, police said.

Someone claimed seeing the missing men walking on a street around 2 a.m. Tuesday, but police could not confirm that report. Other reported sightings during the week have also not been confirmed, cops said.

Okmulgee Police Chief Joe Prentice told Fox 23 authorities were scouring a salvage yard where the cell phone of Mark Chastain’s was last pinged.

Billy Chastain, 30, and his brother Mark Chastain went reported missing after the bike ride.
Okmulgee Police Department/Faceb
Mike Sparks, 32, went reported missing along with his friends — but police have no indication as to where they could be.
Okmulgee Police Department/Faceb

Only two of the men had cell phones on them when they went out, authorities believe, though their cell phones go straight to voicemail.

“The longer they’re missing, the more concerned I am but I have yet to find any evidence that there’s any foul play involved,” Prentice said.

The police department said Thursday in another Facebook post, “We will continue to investigate and are following any evidence we uncover.

Mark Chastain’s wife told Fox News Digital she was heartbroken by the situation.

Mark Chastain’s wife says she knows nothing, as she is heartbroken in his disappearance.
Okmulgee Police Department/Faceb
Alex Stevens, 29, was reported missing along with his three friends when relatives hadn’t heard from them.
Okmulgee Police Department/Faceb

“I know nothing, and I’m feeling lost. I’m heartbroken. I’m sad. I have so many mixed emotions and thoughts,” Jessica Chastain said.

“As far as I know, nothing has been recovered. Nothing has been found. There is no sign of foul play.”

Okmulgee has a population of more than 11,000 and is roughly 38 miles south of Tulsa. 

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Woman in Oklahoma climbs through sunroof, rescues 2-year-olds left in hot car at Walmart

A woman in Oklahoma climbed through the sunroof of a vehicle parked outside a Walmart this week to rescue two 2-year-olds left inside, according to reports. 

The vehicle was reportedly parked in direct sunlight during a 98-degree day.

Elizabeta Babb, 33, was arrested after she exited an Oklahoma City Walmart after shopping for over a half hour while her two toddlers were strapped in their car seats.

The 2-year-old girls were reportedly “unresponsive and buckled in their car seats” when they were found. 

The children were reportedly in shock and crying after being taken from the vehicle and placed in a security vehicle with air conditioning.

According to local reports, Walmart officials called for the driver of the vehicle to come outside, but Babb did not exit the store until she checked out.

Babb apparently told authorities she had been in the store for “five minutes.”

But, according to surveillance footage, she was in the store 35 minutes.

Fox News could not immediately reach the Oklahoma City Police Department for comment. 

Babb claimed she was inside of the Walmart location for five minutes.
AP

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