OKLAHOMA CITY (KFOR) — The president-elect of the Vietnamese American Community of Oklahoma says his community is very disappointed following a decision made by Attorney General Gentner Drummond Friday to drop an aggravated assault and battery charge against an Oklahoma City police officer.
The incident occurred on October 27 when Sgt. Joseph Gibson with the Oklahoma City Police Department responded to a minor traffic collision. Body camera video shows Gibson talking to 71-year-old Lich Vu, who was involved in the collision.
In the video, after arguing about a citation, Vu can be seen lightly hitting Gibson’s chest before telling him to "shut up." The two exchange words before Vu is thrown to the ground by the officer and knocked unconscious when his head hits the pavement.
Oklahoma County District Attorney Vicki Behenna filed charges herself without sending the case to a grand jury in early December, saying that the amount of force Gibson used was not reasonable.
A probable cause affidavit argued that a long-time veteran in the police department had also investigated and spoken with de-escalation control and defensive tactics instructors within the department, which found the use of force unreasonable.
Vu suffered a C1 fracture, an orbital fracture, and a brain bleed as a result of the incident. The affidavit also indicated that he was in poor health and that Gibson was in robust health.
In a decision announced Friday, Drummond said he was taking over the prosecution and dismissing the charge, a move he's only made one time previously in his term, taking Gibson's side.
Drummond released the following statement explaining his decision:
As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training.
While the outcome of this incident is unquestionably devastating for Mr. Vu and his family, I do not believe the officer exhibited criminal intent.
Our law enforcement officers work under constant stress, where the most routine interactions can become life-threatening in an instant. For everyone’s safety, it is imperative to follow an officer’s instructions and to never strike, push, or make any kind of unwelcome physical contact with an officer. This is the law, and the law applies equally to all. No individual is allowed to hit or push an officer, regardless of whether he or she doesn’t understand English well or comes from a different culture. The simple truth is, this unfortunate incident never would have occurred if Mr. Vu had kept his hands to himself.
The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated any policies or procedures. The results of that investigation will determine what discipline he may face.
Gentner Drummond, Attorney General of Oklahoma
Thuan Nguyen, president-elect of the Vietnamese American Community of Oklahoma, said that a News 4 reporter broke the news to him Friday that the charge had been dropped.
"Our community is just disappointed actually, and is hurting, but more so the family's hurting," said Nguyen.
Nguyen said Vu's family is immensely hurt and disappointed by the news, all while coping with Vu's injuries, some of which may be permanent.
"In this moment in time, you know, we're still questioning, we're still, you know, distraught," said Nguyen.
News 4 reached out to Oklahoma County District Attorney Vicki Behenna's office for comment and received the following statement:
“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County.”
Vicki Behenna, Oklahoma County District Attorney
Drummond's Friday announcement also reached supporters of Sgt. Gibson, including OKC FOP President Mark Nelson and former Attorney General Mike Hunter, who is an attorney on Gibson's legal team. News 4 received the following comments from them both:
We agree whole-heartedly with Attorney General Drummond’s reasoning and determination that this was not a criminal act. We offer our sincere gratitude for his swift attention to this matter and his commitment to accurately applying the law.
We offer our deepest sympathies to Mr. Vu and sincerely wish him a swift and full recovery. No officer wants to see anyone injured. However, our members often have to make split-second decisions, and they cannot control the outcome of every situation. Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others.
Serving as a police officer is an extremely difficult task that carries the highest expectations. Our officers in Oklahoma City hold themselves to the highest standards, and we will continue serving this community with respect and dignity.As we have stated from the beginning, while an internal review of Sgt. Gibson is appropriate, it was unreasonable to charge him with any crime when he was following his training. Dismissing the charge was the right thing to do, and we thank the Attorney General for his leadership.
Mark Nelson, OKC FOP President
Attorney General Drummond's decision to drop the criminal charges against Sgt. Gibson today was well reasoned and correct. His statement of support for the complex decisions Sgt Gibson, his fellow OCPD officers, and law enforcement officers around the state must make is acknowledged and appreciated.
Mike Hunter, Former Attorney General/Gibson's Attorney
Nguyen said he had received at least 20 emails and phone calls from officers around the country that didn't agree with Drummond's decision. He said he's also worried for Vu's future health.
"Will he be able to walk again?" Nguyen asked. "Will he be able to actually function normally again, or is his cognitive ability messed up forever?"
The Oklahoma City Police Department says Gibson is currently on administrative leave pending the outcome of its own investigation. It's unclear when that investigation will wrap up or what discipline he might face.
