Aggravated Assault Charges Dismissed Against OKC Officer Following October Use-Of-Force Incident

UPDATE Dec. 27, 2024:

Oklahoma Attorney General Gentner Drummond dismissed criminal charges against Oklahoma City Police Sergeant Joseph Gibson. Gibson was accused of assaulting 71-year-old Lich Vu after an argument over a traffic stop.

Drummond effectively took over the prosecution of the case on Dec. 23, 2024. In a statement released Friday, Dec. 27, Drummond said, “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.”

The internal investigation into the October incident continues, and as of Friday, Dec. 27, Gibson is still on administrative leave.

Attorney General Drummond Dismisses Criminal Charge Against OKC Police Officer

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The Oklahoma County District Attorney’s Office filed one count of aggravated assault and battery against an Oklahoma City Police officer Thursday.

What happened?

According to The Oklahoma County District Attorney’s Office, the charge stems from an encounter between Sgt. Joseph Gibson and 71-year-old Lich Vu on Oct. 27, which was captured on body-worn camera video released by the Oklahoma City Police Department.

The video showed Gibson responding to a non-injury traffic accident involving Vu around 10:30 a.m. Gibson and Vu argued over a traffic ticket.

Nearby Surveillance video, also released by OKCPD, further revealed graphic views of Vu’s head hitting the concrete during the takedown arrest.

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The confrontation escalated when Gibson performed a “takedown” maneuver on Vu, causing Vu’s head to hit the pavement headfirst, according to the Oklahoma County DA. Vu sustained significant injuries, including an orbital fracture, a neck fracture, and a brain bleed. Vu's family confirmed to News 9 that he was released from the hospital last week, and is 'very weak with constant headaches.'

What's next?

“The Oklahoma County District Attorney’s Office takes all use-of-force incidents very seriously,” District Attorney Vicki Zemp Behenna said in a statement. “We evaluate the law and the facts in each individual case, and in this particular case determined the officer’s actions were an unreasonable use of force.”

If convicted, Gibson could face up to five years in state prison, up to one year in county jail, and or a fine of up to $500, the district attorney’s office said.

Gibson has been on routine administrative leave pending the outcome of the investigation.

Mark Nelson, president of the Oklahoma City Fraternal Order of Police, has made the following statement regarding the felony charges filed against Sgt. Joseph Gibson of the Oklahoma City Police Department: 

“The OKC FOP stands behind Sgt. Gibson, who handled this call for service with professionalism. It is very disappointing to see a police officer face felony charges for actions taken in good faith while serving in the line of duty. Sgt. Gibson followed his de-escalation training and protocol when assaulted.

We recognize the injuries that Mr. Vu sustained, and we are sympathetic to him and his family. However, we believe strongly that every detail of this incident matters and needs to be considered.

We are deeply concerned about the impact this charging decision will have on the ability of officers to rely on their training and professional judgment to preserve order and protect the public.”