The Oklahoma Attorney General on Friday announced he was dismissing criminal charges brought against a police officer who slammed a 71-year-old man to the ground during a traffic stop in October.
Attorney General Gentner Drummond said in a statement he was dropping the aggravated assault and battery charge brought by Oklahoma County District Attorney Vicky Behenna against Oklahoma City Police Sgt. Joseph Gibson.
Body camera footage from the Oct. 27 incident showed Gibson stop Lich Vu, 71, for an illegal U-turn after a minor accident. In the video, Vu denied making the U-turn and said his car was hit by another person.
The video shows Gibson asking Vu to sign the citation, which he refused to do. Vu eventually got out of the car and the two began arguing.
According to security footage from a nearby business released by police, Vu appeared to touch Gibson’s arm, prompting him to grab Vu’s hand, pull it behind his back and throw him onto the ground.
The video footage showed Vu hit the pavement head first. He was hospitalized with significant injuries including an orbital fracture, neck fracture and brain bleed, according to Behenna’s office.
Vu’s condition Friday was not immediately clear.
“As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Drummond said in the 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.”
The statement added that it is “never acceptable for a member of the public to strike, push, or otherwise 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.”
“The simple truth is, this unfortunate incident never would have occurred if Mr. Vu had kept his hands to himself,” Drummond said.
The statement noted that despite the charge being dropped, the AG said the incident is still being investigated internally and could result in “non-criminal forms of accountability for Sgt. Gibson.”
In response, Behenna said she is “surprised and disappointed” that the attorney general “took this case away from my office and the citizens of Oklahoma County.”
The statement from Drummond’s office noted that he entered an appearance in the case on Monday, “effectively taking over the prosecution.”
The Oklahoma City Fraternal Order of Police said in a statement that it agrees “whole-heartedly” with Drummond’s “reasoning and determination that this was not a criminal act.”
“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,” the OKC FOP said. “Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others.”
The group added that it was “unreasonable to charge him with any crime when he was following his training.”
Gibson’s attorney, former Attorney General Mike Hunter, said in a statement to NBC News affiliate KFOR of Oklahoma City that the decision to drop charges against his client was “reasoned and correct.”
Drummond’s “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,” Hunter said.
The Vietnamese American Community of Oklahoma, which had been in touch with Vu’s family, did not immediately respond to a request for comment Friday night.
Marlene Lenthang, Antonio Planas and Meriam Bouarrouj contributed.
