Attorney General Drummond Dismisses Criminal Charge Against OKC Police Officer

On Friday Attorney General Gentner Drummond dismissed a criminal charge filed by Oklahoma County District Attorney Vicky Behenna against Oklahoma City Police Sgt. Joseph Gibson in connection with an Oct. 27 incident that left 71-year-old Lich Vu injured. Drummond entered an appearance in the case on Monday, Dec. 23, effectively taking over the prosecution. 

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“As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Drummond said. “While the outcome of this incident is unquestionably devastating for Mr. Vu and his family, I do not believe the officer exhibited criminal intent.”

In the release, Drummond said 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. 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.”

Though criminal charges have been dropped, Drumond says there is still an open and ongoing internal investigation that could result in non-criminal forms of accountability for Sgt. Gibson. 

“The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated any policies or procedures,” said Drummond. “The results of that investigation will determine what discipline he may face.”

OCPD confirmed the internal investigation is still ongoing. Sgt Gibson is on administrative leave pending the outcome of the investigation.

A member of Vu's family said they did not have a comment Friday afternoon, but did say Vu is still very weak and that he is having a "rough time" recovering from his injuries.

In a statement District Attorney Vicki Zemp Behenna said,

“I am surprised and disappointed that Attorney General Gentner Drummond took this case away from my office and the citizens of Oklahoma County.”

Mark Nelson, President of the Oklahoma City Fraternal Order of Police released this statement:

"We agree whole-heartedly with Attorney General Drummond’s reasoning and determination that this was not a criminal act. We offer our sincere gratitude for his swift attention to this matter and his commitment to accurately applying the law.  

We offer our deepest sympathies to Mr. Vu and sincerely wish him a swift and full recovery. 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. Unfortunately, when someone resists law enforcement, they increase the risk of harm to themselves or others. 

Serving as a police officer is an extremely difficult task that carries the highest expectations. Our officers in Oklahoma City hold themselves to the highest standards, and we will continue serving this community with respect and dignity.

 As we have stated from the beginning, while an internal review of Sgt. Gibson is appropriate, it was unreasonable to charge him with any crime when he was following his training. Dismissing the charge was the right thing to do, and we thank the Attorney General for his leadership."