Oklahoma Attorney General Gentner Drummond has dropped aggravated assault charges against an Oklahoma City police officer who threw an elderly Vietnamese man to the ground in October after he refused to sign a traffic ticket.
Drummond’s intervention in the case left many in the local Vietnamese community stunned after his decision to clear Sgt. Joseph Gibson was announced last Friday, some two months after the brutal altercation was captured on bodycam footage.
The victim, 71-year-old cancer patient Lich Vu, was hospitalized with severe injuries, including an orbital fracture, broken neck, and brain bleed — leading to criminal charges against Gibson, which were filed earlier this month by Oklahoma County District Attorney Vicki Behenna.
The incident happened on Oct. 27 when Gibson responded to a collision in northwest Oklahoma City. Bodycam footage shows him asking Vu to sign a citation, but Vu appeared reluctant. During the tense exchange, Vu — who weighs 110 pounds and stands 5 feet 3 —lightly touched Gibson’s chest. That’s when the video shows Gibson throwing Vu to the ground.
Behenna said Gibson escalated the situation by executing a “takedown” on Vu, resulting in Vu being slammed headfirst into the pavement.
Vu had to be hooked up to a feeding tube, while family members agonized over his dire condition.
Following the incident, Gibson was placed on administrative leave, while the Oklahoma City Fraternal Order of Police stood behind the officer, saying he handled the situation “with professionalism.”
After assuming responsibility for the case and dismissing the charges, Drummond stated he would not allow 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,” Drummond said in a press release, though he did not clarify what would constitute criminal intent.
However, OKCPD Internal Affairs officer Michael Rizzi said, “Due to Vu’s size, age, and the seriousness of the crime committed, it is believed the amount of force used by the defendant was not reasonable,” in a probable cause affidavit.
Drummond then blamed Vu for escalating the situation, stating that it is never acceptable for a member of the public to strike, push, or make any form of 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,” he said.
Adding, “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.”
Behenna released a statement slamming Drummond for intervening in the case rather than allowing a judge and jury to deliver justice.
“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County,” she said.
Her comments reflected the sentiments in the community, with many people pointing out that Vu was clearly having difficulty understanding what Gibson was saying to him, highlighting the cultural gap that was at play during the incident.
Vu and his wife had just left church and were heading to a local shelter to help feed the homeless when they were involved in a minor fender bender after an improper U-turn, according to News 9.
Questioning why he was issued a citation, Vu tapped Gibson on the chest before placing an index finger to his mouth, effectively telling the cop to shut up. Gibson responded with force.
In the incident report, Gibson tried to minimize his actions, claiming he was attacked but denied forcing Vu to the ground. The cop said the elderly man fell on his own after he grabbed his arm.
Thuan Nguyen, president-elect of the Vietnamese American Community of Oklahoma, said Drummond’s decision to drop the charges “was very shocking, and it’s a disappointment to our community,” according to the Oklahoman.
He added that the Vietnamese American Community of Oklahoma has garnered nationwide support, especially after the release of the bodycam footage showing Gibson’s interaction with Vu.
“There have been people that have reached out and they’re concerned: Is this due process of justice and is this the right type of justice that you all seek?” Nguyen said.
Nguyen emphasized the need to reevaluate police training if Gibson’s actions during the incident with Vu were considered consistent with standard procedures.
“Are our police officers trained to use this force when handling a case like this ― is it necessary?” he said. “I question the police protocol and the training.”
Drummond stated that the Oklahoma City Police Department is continuing its investigation to determine whether Gibson violated any policies or procedures.
This is the second time that Drummond took over the same prosecutor’s case and dismissed it. Reports show that in February 2023, he commandeered the Oklahoma County prosecution of then-Rep. Terry O’Donnell had been charged with his wife for allegedly conspiring to change state law so she could succeed her mother as a tag agent.
