'Abuse of power': OK lawmaker, attorney question AG dismissing assault charge against officer

OKLAHOMA CITY (KFOR) — One of Oklahoma's top lawmakers and a local attorney are questioning why Attorney General Gentner Drummond made a decision last week to dismiss an assault and battery charged tied to an Oklahoma City Police officer.

News 4 has been following developments since the incident happened October 27. In body camera and surveillance video released by police, you see Sgt. Joseph Gibson arguing with 71-year-old Lich Vu about a traffic citation. Video shows Vu touch Gibson after telling him to shut up. The two exchange words before Vu is thrown to the ground and knocked unconscious.

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Vu suffered a C1 fracture, orbital fracture, and a brain bleed as a result of the incident. Court documents indicated he was in poor health and Gibson was in robust health. Documents indicated an officer in the department had conducted a follow-up investigation and that after consulting with the department's de-escalation control and defensive tactics instructors, believed the amount of force Gibson used was not reasonable.

Oklahoma County District Attorney Vicki Behenna filed an assault and battery charge against Gibson on December 6, rather than asking a grand jury to review the case first. On December 27, Attorney General Gentner Drummond said he was taking over the prosecution of the case and was dropping the charge. His office released the following statement explaining his reasoning:

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.

Our law enforcement officers work under constant stress, 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.

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

Gentner Drummond, Attorney General of Oklahoma

Drummond's decision prompted a firestorm of public comment over the weekend with supporters of Vu and Gibson weighing in. News 4 reached out to Drummond's office requesting an interview or further comment on the matter on Friday, but a spokesperson declined.

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News 4 reached out to a spokesperson for District Attorney Vicki Behenna on Friday for comment and received the following statement:

I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County.

Vicki Behenna, Oklahoma County District Attorney

News 4 followed up with Behenna's office again on Monday requesting an interview, but had not heard back at the time of publication.

One lawmaker however, did weigh in over the weekend. Democratic House Rep. Cyndi Munson, accused Drummond of abusing his power in a lengthy social media post. News 4 sat down with Munson on Monday to break down her thoughts.

"It's just an abuse of power," said Munson. "It's one of those situations where you have to ask yourself, just because I can, should I?"

News 4 has included Munson's entire post below:

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. When you have power, how you use it tells us everything we need to know about you. 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. Mr. Vu and his family deserve justice—and that’s what the AG should be advocating for. This case belongs with the DA in OK County who was elected to take on the work of her OK County constituents. She should be trusted to do that. Imagine this happening to your grandfather, father, or someone you love. You would want justice. I think most of us believe Mr. Vu and his family deserve that. It’s too bad the AG doesn’t. I am thinking of and praying for Mr. Vu as he continues to recover from injuries.

Rep. Cyndi Munson (D-OKC)

Munson said what's surprised her the most sense sharing her thoughts is that reaction she's seen online mostly seems to be in line with her own. News 4 did press her on her comments though, alleging that Drummond is using the situation for political purposes.

"I think it's a well-known rumor that he's looking at a higher office and doing some different things, and so it's possible that he was trying to get the attention of one particular group by doing something like this," said Munson.

News 4 reached out to Drummond's office again on Monday, prior to speaking with Munson about the accusations in her post. While a spokesperson declined to comment on comments about political implications, they did include a state statute that gives Drummond clear legal authority for his action.

Tit. 74 O.S. §18b(A)(3), states that the Attorney General has the duty to initiate or appear in any action in which the interests of the state or the people of the state are at issue, and prosecute, in any court, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution.

"He does have the ability and the discretion to pick up and take any case and handle it in way in a way that he sees that is fit," said Oklahoma attorney Robert Gifford. "It just doesn't send the right message to the public."

Munson said she's worried Drummond's decision will erode trust for vulnerable Oklahomans with law enforcement and their elected leaders.

"We trust our law enforcement officers," said Munson. "We know they're out there trying to protect the community and protect folks and build relationships, but what the [Attorney General] did, I do believe, broke some of that."

Gibson is still on administrative leave with Oklahoma City Police pending the outcome of an internal investigation. Gifford say the federal government getting involved may not be off the table either. He also said Vu's family could also decide to file a civil lawsuit.

Supporters of Vu are also being asked to attend an Oklahoma City Council meeting December 31 at 8:30 a.m. to demand justice. A representative with Oklahoma's American Civil Liberties Union is expected to address city leaders.