OKLAHOMA CITY — Oklahoma Attorney General Gentner Drummond announced Friday afternoon that he has dismissed charges against an OKCPD police officer for aggravated assault and battery filed by Oklahoma County DA Vicki Behenna.
Drummond said in a press release that he had dismissed charges brought by Behenna against Oklahoma City Police Department Sgt. Joseph Gibson for slamming the frail 71-year-old Lich Vu to the ground during an encounter with Vu after a minor car crash on NW 39th in OKC.
Reports are that Vu is still recovering in the hospital from “a C1 fracture, orbital fracture, and brain bleed” according to hospital staff statements to departmental investigators.
DA Behenna issued a terse, one-sentence response to the AG’s announcement by the end of Friday.
“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County,” said Behenna.
Why?
“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.
Yet, Sgt. Gibson’s divergence from his training prompted the department’s own investigators to recommend criminal felony charges against him.
This video is queued to the moments when Sgt. Gibson slammed Vu to the ground:
DA Behenna had based her decision to bring felony charges on information in the affidavit of probable cause submitted by Oklahoma City Police Department investigators in the department’s Internal Affairs department or “Office of Professional Standards.”
In that affidavit, the investigator, Officer Michael Rizzi, cited Gibson’s violation of departmental training and standards:
“Department De-escalation Control and Defensive Tactics Instructors were consulted on this incident. 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.”
“Upon completion of this investigation, I feel Defendant Joseph Gibson is in violation of Title 21, section 646 (Aggravated Assault and Battery) and request a warrant be issued,” wrote Rizzi.
Drummond cites no legal argument for dismissal
Drummond’s argument in the press release contained no legal rationale opposing DA Behenna’s application of the law.
Instead, Drummond’s reasons for the dismissal seemed to be based on sympathy alone for how difficult he believes a police officer’s job is and how residents have a responsibility to avoid such encounters with police.
“Our law enforcement officers work under constant stress, where the most routine interactions can become life-threatening in an instant,” Drummond said.
Next, Drummond went into a lengthy explanation of why people should not touch an officer in any way.
In the encounter that sent the 71-year-old to the hospital, Lich Vu tapped Gibson lightly on the chest with the back of his hand seemingly from habit in making a point. Then, Vu placed his finger over his own mouth and said, “You be quiet!” to Sgt. Gibson.
It was at that point that Gibson quickly grabbed Vu, yanking him off his feet, and slamming him down shouting, “Get on the ground!” It was the first time that command had been given to Vu.
DA’s legal argument for charges against officer
While AG Gentner’s argument was based on sympathy, Behenna’s was specific in the application of Oklahoma law to this case:
The DA’s press release in early December explained that as defined in state statute 21 O.S. § 646, an assault and battery becomes aggravated when committed under any of the following circumstances:
- “When great bodily injury is inflicted upon the person assaulted; or
- When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.”
“For the purpose of this section ‘great bodily harm’ means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.”
Discipline likely to never be made public
Drummond closed the Friday press release with the statement, “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.”
Yet, a “thorough and rigorous investigation” has already been done. That’s why DA Behenna pressed charges.
Plus, the press or public are not likely to ever have any knowledge of what discipline Sgt. Gibson will receive which is a work discipline/personnel issue and cannot be revealed.
Free Press will continue to monitor this case.
Founder, publisher, and editor of Oklahoma City Free Press. Brett continues to contribute reports and photography to this site as he runs the business.