AG Drummond drops charge against OKCPD officer accused of using excessive force

OKLAHOMA CITY (KFOR) — On Friday, Attorney General Gentner Drummond dismissed a criminal charge that was filed against an Oklahoma City Police officer accused of using excessive force against a 71-year-old Vietnamese man on October 27.

The incident occurred when Sgt. Joseph Gibson with Oklahoma City Police responded to a minor traffic collision. Body camera video shows Gibson talking to 71-year-old Lich Vu, who was involved in the collision.

In the video, after arguing about a citation, Vu can be seen lightly hitting Gibson’s chest before telling him to shut up. The two exchange words before Vu is thrown to the ground by the officer and knocked unconscious when his head hits the pavement.

Court documents said Vu suffered a C1 fracture, orbital fracture, and a brain bleed as a result of the incident.

Following the incident, a criminal charge was filed against Gibson by Oklahoma County District Attorney Vicki Behenna.

The Oklahoma County District Attorney’s Office takes all use-of-force incidents very seriously. We evaluate the law and the facts in each individual case, and in this particular case determined the Officer’s actions were an unreasonable use-of-force.

Vicki Behenna, Oklahoma County District Attorney

On Friday, Drummond announced that he was dismissing the criminal charge filed against Gibson.

“As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Drummond said. “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 also goes on to say that it is never acceptable for a member of the public to strike, push, or make 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,” Drummond said. “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.”

Despite the fact the criminal charges have been dismissed, Drummond says an internal investigation is ongoing and could result in Gibson facing non-criminal forms of accountability.

“The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated any policies or procedures,” he said. “The results of that investigation will determine what discipline he may face.”

The Oklahoma City Fraternal Order of Police released the following statement regarding the dropped charges.

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. 

We offer our deepest sympathies to Mr. Vu and sincerely wish him a swift and full recovery. No officer wants to see anyone injured. However, our members often have to make split-second decisions, and they cannot control the outcome of every situation. Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others. 

Serving as a police officer is an extremely difficult task that carries the highest expectations. Our officers in Oklahoma City hold themselves to the highest standards, and we will continue serving this community with respect and dignity.

As we have stated from the beginning, while an internal review of Sgt. Gibson is appropriate, it was unreasonable to charge him with any crime when he was following his training. Dismissing the charge was the right thing to do, and we thank the Attorney General for his leadership.

Mark Nelson, President of the Oklahoma City Fraternal Order of Police

One Gibson's attorneys, former Attorney General Mike Hunter, also sent a statement to News 4 on Friday.

"Attorney General Drummond's decision to drop the criminal charges against Sgt. Gibson today was well reasoned and correct," Hunter said. "His statement of support for the complex decisions Sgt. Gibson, his fellow OCPD officers, and law enforcement officers around the state must make is acknowledged and appreciated."

Behenna expressed disappointment in Drummond's decision to drop the criminal charge against Gibson.

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