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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.”
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