Oklahoma AG dismisses assault charge against officer who slammed 71-year-old man to the ground
OKLAHOMA CITY — Oklahoma’s Republican attorney general on Friday dismissed an assault charge against a police officer who knocked a 71-year-old man to the ground and broke his neck during an argument over a traffic ticket.
Gentner Drummond announced he had intervened in the case, dismissing the aggravated assault and battery charges 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 altercation following a non-injury traffic accident on Oct. 27.
“As attorney general, I will not allow Oklahoma police officers to be criminally prosecuted for conduct consistent with their training,” Drummond said in a statement. “While the outcome of this incident is undoubtedly devastating for Mr. Vu and his family, I do not believe the officer displayed any criminal intent.”
Prosecutors said Vu suffered a brain hemorrhage 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 previously said that after reviewing the case, prosecutors determined that Gibson’s actions were an unreasonable use of force.
Drummond said Vu should not have touched Gibson during the argument.
“No one should hit or push an officer, regardless of whether he or she does not understand English well or is from a different culture,” Drummond said. “The simple truth is that this unfortunate incident would never have occurred if Mr. Vu had kept his hands to himself.”
The use of force sparked outrage in Oklahoma City’s Vietnamese community, especially as the video shows Vu had difficulty communicating with Gibson during the interaction and did not appear to understand what the officer was telling him.
Gibson’s attorney, former Oklahoma Attorney General Mike Hunter, said Drummond’s decision to drop charges was “well-reasoned and correct.”
Mark Nelson, president of the Oklahoma City Fraternal Order of Police, said no officer wants to see anyone hurt and he hopes Vu makes a quick and full recovery.
“However, our members are often required to make split-second decisions and cannot control the outcome of every situation,” Nelson said in a statement. “Unfortunately, when someone resists law enforcement, they increase their risk of harm to themselves or others.”