OKLAHOMA CITY, OK - An Oklahoma City police sergeant had his criminal charges dismissed last week relative to an October 27 incident that left a 71-year-old man injured after the Oklahoma attorney general took over prosecution of the case, News 9 in Oklahoma City reports.
The incident occurred after the man, Lich Vu, was involved in a car crash and refused to sign a traffic citation. In a video of the incident, police body cameras show Vu refusing to sign the citation. He then began arguing with the officer before striking him in the chest with the back of his hand and telling him to “shut up.”
The officer, Sergeant Joseph Gibson, wrote that as he attempted to restrain Vu, he fell to the ground.
“I pulled on Lich’s arm, and he fell to the ground. While Lich was falling, I instructed [him] to get on the ground, knowing that Lich was going to the ground. While he was falling, his face was parallel to the ground. Lich’s forehead hit the ground. I observed a laceration and a knot on his forehead. I placed Lich in handcuffs and observed lLich not respond and appeared to be unconscious. It appeared to me that Lich was breathing. I called for Fire, EMSA, and a supervisor over the radio.”
Vu’s family claimed Sgt. Gibson used excessive force and told News 9 he had surgery to repair a brain bleed. They said he also had a fractured neck, which required insertion of a feeding tube.
Sgt. Gibson was subsequently placed on administrative leave pending an investigation and, on December 7, was charged with one count of aggravated assault and battery in connection with the October 27 incident.
In a press release, Attorney General Genter Drummond said, “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.”
Drummond said that it is unacceptable for members of the public to strike, push, or otherwise make unwarranted physical contact with a police officer, no matter the circumstances. “Our law enforcement officers work under constant stress," he said, "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.”
Although the criminal charges have been dismissed, Drummond noted that an ongoing internal investigation is still underway, and Gibson could possibly be held accountable via that investigation. “The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated and policies or procedures. The results of that investigation will determine what discipline he may face.”
In response to Drummond’s action, Mark Nelson, president of the Oklahoma City Fraternal Order of Police (FOP), released the following statement, “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.”
The FOP sympathized with Vu and wished him a speedy recovery. Nelson noted that police officers must often make “split-second decisions” and cannot “control the outcome of every situation. Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others.”
The Union noted that an internal review of Sgt. Gibson’s actions is appropriate, however, it was unreasonable to charge him with any crime when he was following his training. They said that dropping the charges was the right thing to do.
As expected, a local lawmaker saw fit to make Drummond’s decision political, saying the dismissal was “an abuse of power by the AG for political purposes.”
We’ve seen the video of what happened to Mr. Vu—in fact, the entire nation has, too. And here’s what’s clear: an elderly man was unnecessarily assaulted by a LEO. Here’s what’s also clear, and unfortunate: this is an abuse of power by the AG for political purposes. 1/ https://t.co/wTVO4DcedC
— Cyndi Munson (@CyndiMunson85) December 28, 2024
“When you have power, how you use it tells us everything we need to know about you,” said Oklahoma State Rep. Cyndi Munson, a Democrat. This decision is about gaining political points, not protecting law enforcement or our community. I’d venture to say many in our community feel less protected and safe tonight.”
