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The Oklahoma Attorney General announced that he was dropping criminal charges brought against a police officer who threw an elderly man to the ground during a traffic stop altercation in October.

On Friday, Attorney General Gentner Drummond said that the felony aggravated assault and battery charge against Oklahoma City Police Sgt. Joseph Gibson which was brought by Oklahoma County District Attorney Vicky Behenna earlier this month had been dismissed.

In the incident which made headlines, bodycam video showed Sgt. Gibson’s stop of 71-year-old Lich Vu for making an illegal U-turn after a traffic accident. When he made an attempt to issue a ticket to the Vu, the driver refused to sign the citation, escalating the situation by getting out of the vehicle and arguing with the officer.

(Video: YouTube)

At one point, during the October 27 encounter, Vu appeared to physically touch Gibson which resulted in him being thrown to the ground which he struck head first, sustaining serious injuries including an orbital fracture, neck fracture, and a brain bleed, Behenna’s office said.

“As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Drummond said in a statement. “While the outcome of this incident is unquestionably devastating for Mr. Vu and his family, I do not believe the officer exhibited criminal intent.”

The DA added that it is unacceptable for a member of the public to make contact with a law enforcement officer.

“Our law enforcement officers work under constant stress, where the most routine interactions can become life-threatening in an instant,” Drummond said. “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 DA added, suggesting that there was nobody to blame for Vu’s injuries but himself.

Vu’s current condition is unclear.

“The Oklahoma County District Attorney’s Office takes all use-of-force incidents very seriously,” Behenna said in a news release announcing the charges. “We evaluate the law and the facts in each individual case, and in this particular case determined the Officer’s actions were an unreasonable use-of-force.”

Sgt. Gibson could have faced up to five years in prison or up to a year in the county jail and/or a fine of up to $500, according to the press release.

Behenna reacted to the dismissal of her charges in a post to social media.

“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County,” she said.

“The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated any policies or procedures,” Drummond said. “The results of that investigation will determine what discipline he may face.”

Chris Donaldson
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