Exclusive: New video shows aftermath of former OKC officer slamming Lich Vu

OKLAHOMA CITY (KFOR) — News 4 has obtained exclusive footage from the October 27, 2024, Oklahoma City traffic stop of an officer caught on camera slamming a 71-year-old man to the ground.

What happened?

On October 27, 2024, 71-year-old Lich Vu and then-Oklahoma City Police Sgt. Joseph Gibson got into a verbal argument after Vu attempted to explain why he didn't believe he deserved a ticket for allegedly making an improper U-turn.

The Oklahoma City Police Department, on November 8, 2024, released less than six minutes of video from the incident to the public. In the video, the verbal argument between Gibson and Vu escalates.

Vu is seen tapping Gibson's vest with the back of his hand after telling him to shut up. Gibson is seen grabbing Vu's arm before Vu is slammed to the ground. Vu suffered a C1 fracture, an orbital fracture, and a brain bleed as a result of the incident. He also had to have surgery and his attorney says he's still in poor health.

The department placed Gibson on administrative leave pending the outcome of internal criminal and administrative investigations that would determine potential charges or disciplinary actions.

District Attorney charges Gibson

In December 2024, Oklahoma County District Attorney Vicki Behenna charged Gibson with aggravated assault and battery without sending the case to a grand jury.

In a news release, Behenna said the amount of force Gibson used was not reasonable. A probable cause affidavit argued that a long-time veteran in the police department had also investigated and spoken with de-escalation control and defensive tactics instructors within the department, which found the use of force unreasonable. The affidavit said Gibson was in robust health while Vu was in poor health.

Attorney General goes over Behenna's head

Also in December, Oklahoma Attorney General Gentner Drummond went over Behenna's head and dropped the charges. Drummond argued that Gibson acted within the scope of his training and that Vu never should have put his hands on Gibson.

"As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training," said Drummond in a December 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."

A spokesperson for Drummond's office has declined interviews to explain the matter further.

Community reaction/Lawsuit

Vietnamese community leaders have voiced concern in the aftermath of the incident, calling for Gibson to be held accountable for his actions.

Vietnamese American Heritage Community of Oklahoma President Thuan Nguyen has been a vocal advocate for Vu and the local community the incident has impacted. Nguyen told News 4 he's fielded dozens of calls from across the country and around the world who have seen the footage shared online. He told News 4 in December he was disappointed by Drummond's decision.

“Our community is just disappointed actually, and is hurting, but more so the family’s hurting,” said Nguyen.

What is Joseph Gibson saying?

News 4 has made multiple attempts to hear from Gibson regarding what he says happened in October and how it has impacted him directly. Former Attorney General Mike Hunter has agreed to two preview interviews with News 4 pertaining to the incident as part of Gibson's legal team.

“Officers are trained that when somebody in a situation like that puts their hand on you, you’ve got to react,” said Hunter in December.

Hunter said he joined the team after carefully reviewing the video and became convinced that Gibson didn’t act outside the scope of his authority. He said that, in this situation, all that needed to occur was for Vu to sign the citation and it would have been referred to a hearing. At the hearing a determination would have been made on whether or not he was at fault.

“Sergeant Gibson, I thought, was very patient, did his best to reason with the individual,” said Hunter.

News 4 pressed Hunter at the time about the findings in the affidavit, which he said were simply opinions, and that his team had experts who were saying the opposite.

“I regret that others have a differing opinion,” said Hunter. “I don’t understand why that opinion would be what it is with regard to, again, the case, but we’re confident in our case."

OKC Police internal investigation

While Oklahoma City police announced after the October incident, in January, Oklahoma City Manager Craig Freeman explained what that process would consist of during a city council meeting. The same council meeting saw multiple citizens sign up to speak out on Vu's behalf.

Freeman noted that, since Drummond had already made a decision on any potential criminal element surrounding the case, things were likely to begin to move forward internally.

“Typically the police department will hold back on initiating their administrative review until the criminal questions have been responded, have been answered,” said Freeman.

Freeman said the department’s Office of Professional Standards would conduct its own investigation and decide whether or not to make recommendations of discipline to Chief of Police Ron Bacy.

“The police chief will then make a decision,” said Freeman. “The city manager’s office ultimately has responsibility for any discipline or anything else that happens within the organization.”

News 4 has asked for clarification on if that investigation concluded and if any recommendations were made pertaining to discipline, but a spokesperson for the Oklahoma City Police Department declined an interview.

Joseph Gibson resigns

News 4 was the first Oklahoma news outlet to report on Tuesday that Gibson had resigned from the department. A police department spokesperson initially only noted Gibson was no longer with the department after a request for an update on his employment status on Monday. News 4's John Hayes asked the spokesperson for clarification on whether that change was the result of a termination or voluntary. The spokesperson said Gibson was not terminated.

News 4's John Hayes reached out to the Oklahoma City Fraternal Order of Police (FOP) for an interview Tuesday, and received a statement from OKC FOP President Mark Nelson:

The OKC FOP has engaged in meaningful discussions with leaders in the Vietnamese and Asian communities to foster understanding and help prevent incidents like this in the future. We support Sergeant Gibson in his decision to resign. We stand firm in our commitment to advocate for our members as they strive to preserve law and order in this community. 

Mark Nelson, OKC Fraternal Order of Police President

News 4 asked the following individuals for interviews regarding Gibson's resignation that were all declined: Oklahoma City Chief of Police Ron Bacy, Oklahoma City Manager Craig Freeman, and former Oklahoma Attorney General Mike Hunter.

News 4 also spoke with Thuan Nguyen on Tuesday.

“If he’s stepping away and wiping his hands of things and he still wants to pursue law enforcement as a career, we wish him the best, but I hope that he knows what he did was wrong,” said Nguyen.

New video

Vu's attorney provided new video of the October 27 traffic incident to News 4. One 21-minute clip shows surveillance video from a nearby business of the incident but does not have any audio attached to it. The second clip is 13 minutes long and shows several minutes of the incident that have not been released to the public.

Key takeaways:

• The body-worn camera video begins with around four and a half minutes of video that had already been released to the public. The only addition off the top of the clip is Gibson getting out of his work unit to approach Vu.
• 5:45 into the body-worn camera video: Gibson explains over the radio that he "got into a use of force." Vu's wife is clearly distraught by the incident and Mr. Vu appears to be unconscious. Gibson does not make an effort to speak to Mr. Vu in an attempt to see if he is regaining consciousness. Gibson instructs Mrs. Vu to go sit away from Mr. Vu multiple times, eventually grabbing her by the arm and pulling her to her feet after she squats down near her husband.
• 6:20 into the body-worn camera video: Gibson gets Mrs. Vu to move away from Mr. Vu.
• 6:32 into the body-worn camera video: Gibson verifies that Mr. Vu has a pulse and notes into his radio that Mr. Vu has a laceration to his head.
• 7:09 into the body-worn camera video: Mrs. Vu attempts to come back over to Mr. Vu saying that she needs to get a picture. Gibson repeats to Mrs. Vu that she needs to move away from Mr. Vu multiple times again or she is "about to get sprayed." Mrs. Vu eventually complies again, while Gibson guides her with his hand on her back.
• 7:32 into the body-worn camera video: Gibson unlocks Vu's handcuffs.
• 8:05 into the body-worn camera video: A second officer shows up and begins examining Vu. Gibson notes that Vu still has a pulse, but that Vu hit his head.
• 8:30 into the body-worn camera video: The second officer begins trying to get Vu to regain consciousness with verbal questions.
• 9:30 into the body-worn camera video: Gibson advises the second officer that he might want to check Vu's pulse and Gibson says he is "still getting adrenaline."
• 9:40 into the body-worn camera video: The second officer notes Vu is likely starting to wake up and is starting to swallow.
• 10:00 into the body-worn camera video: The second officer inquires if Mrs. Vu is the other party in an accident, but Gibson explains she was a passenger.
• 10:07 into the body-worn camera video: The second officer appears to observe Mr. Vu regain consciousness and advises Vu to stay where he is.
• 10:28 into the body-worn camera video: Mrs. Vu, again, tries to get closer to her husband, with her cell phone raised, but Gibson instructs her to move again. She explains to Gibson that Mr. Vu is her husband. Gibson explains that he understands, but that she still needs to move.
• 10:45 into the body-worn camera video: The second officer explains to Mr. Vu that he has a head injury and he needs to stay still until help arrives.
• 11:45 into the body-worn camera video: An ambulance arrives. Vu has been on the ground for nearly six minutes with the head injury at this point in the clip.
• 12:05 into the body-worn camera video: Gibson explains to a witness and other driver involved in the traffic incident that he is going to need to see her identification and that his supervisor will want to speak with her.
• 12:21 into the body-worn camera video: A paramedic asks Gibson what's going on. "I grabbed ahold of him, he fell," said Gibson. "He hit his head whenever he fell pretty hard. He has a knot. Lost unconsciousness. He's bleeding. This guy laying on the ground."
• 12:48 into the body-worn camera video: Gibson explains to Mrs. Vu that he needs her identification as well.
• 13:18 into the body-worn camera video: Gibson explains to an Oklahoma City Police Department lieutenant that Mrs. Vu and the other woman on the scene are witnesses. The lieutenant asks Gibson what happened. Gibson requests that his body-worn camera be turned off and the video ends abruptly.

What did Joseph Gibson write in his report?

You can read Gibson's entire report below. He noted Vu fell in the report as well:

How is Vu's family reacting?

Vu's attorney, Devon Jacob, also spoke on behalf of the Vu family Wednesday and answered numerous questions about their reactions to the resignation announcement, the body-worn camera video, and the upcoming federal civil rights lawsuit he plans on filing by the end of April on their behalf.

Jacob is a former police officer and former Deputy Attorney General for the Commonwealth of Pennsylvania. He’s taken on high-profile civil rights cases, serving on legal teams tied to George Floyd and Tyreek Hill. You can read a summary of his interview with News 4's John Hayes below:

Q: How are Mr. Vu and his family doing?

A: "Mr. Vu is not doing well medically. He's still suffering from his injuries. At the time, he also had cancer, and I believe that this injury that he suffered during this incident exacerbated that condition, or at least the impact of that condition. He spends most of his time in bed now, frankly."

Q: Was there any kind of notification from the Oklahoma City Police Department to the family that Gibson was resigning?

A: "No, there wasn't. It's a bit disappointing, but at the same time, I understand the reason why. A lot of times the police departments try to keep these matters independent, separate, neutral and they don't involve the complainants, they don't involve the witnesses. They simply, you know, keep it internal and handle things as they believe they need to."

Q: When did you and Vu's family personally find out about the resignation?

A: "I can't tell you exactly when it was. I believe it was a few days ago, but you know, the information trickled over through the rumor mill and that's how the family found out."

Q: Was Gibson being allowed to resign a surprise?

A: "I'm troubled by the way this matter was handled after the fact, and the reality is the department believed that he needed to be criminally prosecuted, that they participated in the initial prosecution. As far as, you know, having the charges filed along with the D.A. and now to just let him resign...Yeah, it seems to be a polar opposite with their initial position, in my opinion. I think the right thing to do at that point was to terminate his employment, and it shouldn't have taken as long as it did. Basically, this, it just leaves a bad taste in everybody's mouth because essentially it appears that he was permitted to resign in lieu of termination."

Q: Since Gibson resigned, and hasn't been criminally charged, he's still eligible for a future career in law enforcement. Is there any concern on that front from yourself or the family?

A: "I think you raise a very good point, and that is part of the concern that, well, will another department hire him? I don't know. Does he want to remain in law enforcement? I don't know. But the reality is I have seen it where other departments have picked up officers without doing a proper background check and they end up hiring a bad egg...And so yes this leaves open the possibility that could be arriving at somebody's store in the future as a fully authorized police officer, just for a different department. As far as the impact on overall litigation, it doesn't impact it really. I mean, employment decisions are employment decision. The family will still be able to seek and obtain, you know, justice in a civil courtroom."

Q: Do you have thoughts concerning the police department failing to keep the public updated on the internal investigation, in addition to its outcome?

A: "The fact is the police department is also an employer in this situation and there are H.R. rules and laws that govern things of this nature. And so, yes, departments often say, look, this is an H.R. matter, but it's really not, you know, the final result itself, you know, as far as you know, whether he resigned, so be it. But the internal investigation, as far as within the department policies were complied with or not and whether discipline was going to be imposed or not, that's really not an H.R. matter. And, frankly, when you have a police officer, a public official who you're entrusting and actually granting a legal privilege to use force and frankly kill somebody in the right circumstances, there needs to be more transparency than your average employer because there's not many professions where you can engage in such conduct. So, you know, again, at the end of the day, this is going to be subject to litigation, and it's a public record at that point. And I plan to tell the whole story. And I think that's what needs to happen here."

Q: You initially told me in January you planned to likely have a federal civil rights lawsuit filed within the next 30 days. Why did that deadline change?

A: "You know, I apologize to the public. My goal is transparency and you know, the Vu family. We ran into a little bit of a snag trying to get some medical records, so that delayed us. Then, in addition, while going through the materials, we discovered that there were actually two different citations that were issued that couldn't necessarily be fully accounted for. We wanted to get to the bottom of those to make sure we understood how those played out, one of which is assault and battery supposedly committed by Mr. Vu. Now, it is my understanding that the DA has decided not to prosecute that one, but again, I'd like to get that in writing first before we file, and in addition, the traffic citation that was issued to Mr. Vu, frankly seems to have disappeared. We have the citation, but the court doesn't have any record of it ever being actually filed with the court and so they're undertaking their own investigation to track it. Those citations are all numbered. They're part of a book of citations issued to particular officers. So, you know, so that they can be audited, and they're in the process of trying to track down where it is. So that's really the hold-up. The lawsuit is already written. It's ready to be filed."

Q: In January you told me you weren't ready to say if the City of Oklahoma City or any other defendants aside from Gibson would be named in the lawsuit. Do you have any clarity on if that's changed now that the lawsuit is ready?

A: "I won't comment on the city, but I will say that Mr. Gibson is not going to be the only defendant, and in fact, there may be more than two defendants in this litigation."

Q: What are your thoughts on the new body-worn camera video the public has not previously seen?

A: "When Mr. Gibson is interviewed by his supervisor, he turned off his body camera. You know, there's a question as to why you would turn off a body camera when you're about to tell a supervisor exactly what happened during an incident where force was used and, you know, the person suffered from a serious injury. So that's a question, why is that permitted in the city? And, you know, finally, the last issue that concerns me is the content of reports that I've reviewed. You know, it's been alleged or said that Mr. Vu fell. I think it's very clear from the video, though, that Mr. Vu did not fall, that can't just be glossed over."