Asian community, former AG react to officer assault charges in use-of-force case

OKLAHOMA CITY (KFOR) — Local police advocates and Asian community leaders are at odds over charges filed against an Oklahoma City Police officer accused of assaulting a 71-year-old Vietnamese man.

The incident happened October 27 when sergeant Joseph Gibson pulled over Lich Vu for a traffic stop. The police department released body camera video of the incident that's been heavily scrutinized and also has gone viral. In the video, after arguing about a citation you see Vu touch Gibson's arm after telling him to shut up. The two exchange words before Vu is thrown to the ground and knocked unconcious.

Oklahoma County District Attorney Vicki Behenna's office reviewed the case, and, in a rare moment filed the charge Thursday herself instead of asking a grand jury to review the case. In a statement Behenna said the following:

The Oklahoma County District Attorney's Office takes all use-of-force incidents very seriously. 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.

Vicki Behenna, Oklahoma County District Attorney

An affidavit says a more than decade-long veteran in the Oklahoma City Police Department's Office of Professional Standards conducted the follow-up investigation. Documents say Vu suffered a C1 fracture, orbital fracture, and a brain bleed as a result of the incident. The also indicate that Vu was in poor heath and that Gibson was in robust health.

Documents say the officer consulted with the department's de-escalation control and defensive tactics instructors. They said that due to Vu's size, age and the seriousness of the crime it is believed the amount of force used by Gibson was not reasonable. Documents say the officer met with Behenna and Assistant Oklahoma County District Attorney Mykel Fry who authorized one count of aggravated assault and battery.

"I feel like this is the due process of justice in its best form," said Thuan Nguyen, President-Elect for the Vietnamese American Community of Oklahoma.

Nguyen says he's received feedback from concerned individuals across the country about the incident. He said he's reviewed the body camera video several times, stayed in regular contact with Vu's family and says Gibson's actions are inexcusable.

"Mr. Vu...is at home right now, still in a lot of state of confusion," said Nguyen. "I do know that he may not be able to walk again."

News 4 employees stopped by Vu's home Thursday and was told by his wife he's still having memory issues related to his injuries.

"Officers are trained that when somebody in a situation like that puts their hand on you, you've got to react," said former Oklahoma Attorney General Mike Hunter who is a part of Gibson's legal team.

Hunter says he joined the team after carefully reviewing the video and became convinced that Gibson didn't act outside the scope of his authority. He says that, in this situation, all that needed to occur was for Vu sign the citation and it would have been referred to a hearing. At the hearing a determination would have been made on whether or not he was at fault.

"Sergeant Gibson, I thought, was very patient, did his best to reason with the individual," said Hunter.

News 4 employees pressed Hunter about the findings in the affidavit, which he said were simply opinions; and that his team had experts that were saying the opposite.

"I regret that others have a differing opinion," said Hunter. "I don't understand why that opinion would be what it is with regard to, again, the case, but we're confident in out case.

The local Fraternal Order of Police President Mark Nelson is also publicly supporting Gibson. He shared the following statement Thursday:

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.

Mark Nelson, President of the Oklahoma City Fraternal Order of Police

News 4 employees raised concerns viewers have shared about the obvious language barrier in the video with Hunter.

"I don't think it has anything to with ethnicity," said Hunter. "There was, I felt, like inappropriate resistance and inappropriate respect for the officer."

Nguyen said he wants Gibson to be terminated and face the most severe criminal ramifications for the actions he's accused of.

"I feel that, you know, this will be battled in the justice system and that, I hope that justice will be served," said Nguyen.

If found guilty, the district attorney's office says Gibson could face up to five years in prison, up to a year in the county jail or up to a $500 fine.