Oklahoma AG dismisses assault charge against officer who slammed 71-year-old man to the ground

OKLAHOMA CITY — Oklahoma’s Republican attorney general dismissed a felony assault charge Friday against a police officer who slammed a 71-year-old man to the ground, breaking his neck, during an argument over a traffic ticket.

Gentner Drummond announced that he had intervened in the case and dismissed the aggravated assault and battery charge against Oklahoma City Police Sgt. Joseph Gibson, 28.

Oklahoma County District Attorney Vicki Behenna charged Gibson this month after body-worn camera video released by police showed Gibson throwing Lich Vu to the ground after Vu touched Gibson during the argument following a non-injury traffic accident Oct. 27.

“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.”

Prosecutors said Vu suffered a brain bleed and a broken neck and eye socket.

Behenna said in a statement that she was “surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County.”

She said previously that after evaluating the case, prosecutors determined Gibson’s actions were an unreasonable use of force.

Drummond said Vu should not have touched Gibson during the argument.

“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,” Drummond said. “The simple truth is, this unfortunate incident never would have occurred if Mr. Vu had kept his hands to himself.”

The use of force prompted outrage in Oklahoma City’s Vietnamese community, particularly since the video shows Vu had difficulty communicating with Gibson during the interaction and appeared not to understand what the officer was telling him.

Gibson’s attorney, former Oklahoma Attorney General Mike Hunter, said Drummond’s decision to drop the charge was “well reasoned and correct.”

Mark Nelson, president of the Oklahoma City Fraternal Order of Police, said no officer wants to see someone injured and he hopes Vu makes a swift and full recovery.

“However, our members often have to make split-second decisions, and they cannot control the outcome of every situation,” Nelson said in a statement. “Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others.”