Oklahoma Attorney General Gentner Drummond has dropped aggravated assault charges against an Oklahoma City police officer who threw an elderly Vietnamese man to the ground in October because he refused to sign a traffic ticket.
Drummond’s intervention in the case stunned many in the local Vietnamese community when he announced his decision to clear Sgt. Joseph Gibson last Friday, nearly two months after the brutal altercation was caught on bodycam footage.
The victim, 71-year-old cancer patient Lich Vu, was hospitalized with serious injuries, including an orbital fracture, broken neck, and brain bleed, prompting criminal charges against Gibson, which were filed earlier this month by Oklahoma County District Attorney Vicki Behenna.
The incident occurred on October 27, when Gibson responded to a collision in northwest Oklahoma City. Bodycam footage shows him asking Vu to sign a citation, but Vu seemed hesitant. During the tense exchange, Vu, who weighs 110 pounds and stands 5 feet 3, lightly touched Gibson’s chest. The video then shows Gibson throwing Vu to the ground.
Behenna claimed Gibson escalated the situation by performing a “takedown” on Vu, which resulted in Vu colliding headfirst with the pavement.
Vu had to be hooked up to a feeding tube while family members worried about his deteriorating condition.
Following the incident, Gibson was placed on administrative leave, while the Oklahoma City Fraternal Order of Police defended him, stating that he handled the situation “with professionalism.”
Drummond stated after accepting responsibility for the case and dismissing the charges that he would not allow 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 stated in a press release, without specifying what constitutes criminal intent.
According to OKCPD Internal Affairs officer Michael Rizzi, “Due to Vu’s size, age, and the seriousness of the crime committed, it is believed the amount of force used by the defendant was not reasonable,” in a probable cause affidavit.
Drummond then blamed Vu for escalating the situation, claiming that it is never acceptable for a member of the public to strike, push, or make any other unwanted physical contact with a police officer.
“Our law enforcement officers work under constant stress, where the most routine interactions can become life-threatening in an instant,” he told me.
“For everyone’s safety, it is imperative to follow an officer’s instructions and never strike, push, or make any kind of unwelcome physical contact with an officer.” This is the law, and it applies equally to everyone. No one is permitted to hit or push an officer, regardless of language proficiency or cultural background. The simple truth is that this unfortunate incident would not have happened if Mr. Vu had kept his hands to himself.”
Behenna issued a statement criticizing Drummond for interfering in the case rather than allowing a judge and jury to render justice.
“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County,” she told the crowd.
Her comments reflected community sentiments, with many people pointing out that Vu was clearly having difficulty understanding what Gibson was saying to him, emphasizing the cultural gap that existed during the incident.
Vu and his wife had just left church and were on their way to a local shelter to help feed the homeless when they got into a minor fender bender after making an improper U-turn, according to News 9.
When asked why he was given a citation, Vu tapped Gibson on the chest before placing an index finger to his mouth, effectively telling the cop to shut up. Gibson responded forcefully.
In the incident report, Gibson attempted to downplay his actions, claiming he was attacked but denying forcing Vu to the ground. The cop stated that the elderly man fell on his own after grabbing his arm.
Thuan Nguyen, president-elect of the Vietnamese American Community of Oklahoma, said Drummond’s decision to drop the charges “was very shocking, and it’s a disappointment to our community,” according to the Oklahoman.
He added that the Vietnamese American Community of Oklahoma has received widespread support, particularly since the release of bodycam footage showing Gibson’s interaction with Vu.
“There have been people that have reached out and they’re concerned: Is this due process of justice and is this the right type of justice that you all seek?” Nguyen spoke.
Nguyen emphasized the importance of reevaluating police training if Gibson’s actions during the incident with Vu were deemed consistent with standard procedures.
“Are our police officers trained to use this force when handling a case like this ― is it necessary?” said the officer. “I question the police protocol and the training.”
Drummond stated that the Oklahoma City Police Department is still conducting an investigation to determine whether Gibson violated any policies or procedures.
This is the second time Drummond has dismissed the same prosecutor’s case. According to reports, in February 2023, he took over the Oklahoma County prosecution of then-Rep. Terry O’Donnell and his wife for allegedly conspiring to change state law so she could succeed her mother as a tag agent.
