Oklahoma’s Attorney General announced Friday that he was dismissing criminal charges filed against a police officer who threw a 71-year-old man to the ground during a traffic stop in October.
Attorney General Gentner Drummond said in a statement that he was dropping the aggravated assault and battery charge filed by Oklahoma County District Attorney Vicky Behenna against Oklahoma City Police Sgt. Joseph Gibson.
Body camera footage of the Oct. 27 incident showed Gibson stopping Lich Vu, 71, to make 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 subpoena, which he refused. Vu finally 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 to the ground.
The video showed Vu hitting the pavement headfirst. He was hospitalized with significant injuries, including an orbital fracture, a broken neck and a brain hemorrhage, according to Behenna’s office.
Vu’s status on Friday was not immediately clear.
“As Attorney General, I will not allow Oklahoma police officers to face criminal prosecution for conduct consistent with their training,” Drummond said in the statement. “While the outcome of this incident is certainly 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 hit, push or have 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 never hit, push, or make any type of unwanted physical contact with an officer.”
“The simple truth is that this unfortunate incident would never have occurred if Mr. Vu had kept his hands to himself,” Drummond said.
The statement noted that even though the charge was dropped, the attorney general said the incident is still being investigated internally and could result in “non-criminal forms of accountability for Sergeant Gibson.”
In response, Behenna said she is “surprised and disappointed” that the attorney general “removed this case from my office and the citizens of Oklahoma County.”
The statement from Drummond’s office noted that he appeared in the case on Monday, “effectively assuming control of the prosecution.”
The Oklahoma City Fraternal Order of Police said in a statement that it “wholeheartedly” agrees with Drummond’s “reasoning and determination that this was not a criminal act.”
“No officer wants to see anyone hurt. However, our members often have to make split-second decisions and cannot control the outcome of each situation,” the OKC FOP said. “Unfortunately, when someone resists law enforcement, the risk of harm to themselves or others increases.”
The group added that “it was not reasonable to charge him with any crime while he was continuing his training.”
Gibson’s attorney, former Attorney General Mike Hunter, said in a statement to NBC News affiliate KFOR Oklahoma City that the decision to drop charges against his client was “reasoned and correct.”
Drummond’s “statement of support for the complex decisions that must be made by Sergeant Gibson, his fellow OCPD officers, and law enforcement officers across the state is recognized and appreciated,” Hunter said.
The Vietnamese American Community of Oklahoma, which had been in contact with Vu’s family, did not immediately respond to a request for comment Friday evening.
