Oklahoma’s attorney general has dismissed an assault charge against a police officer who slammed a 71-year-old man to the ground, fracturing his neck, during an argument over a traffic ticket in October.
The attorney general, Gentner Drummond, said in a statement on Friday that he had dropped the aggravated assault and battery charge against the officer, Sgt. Joseph Gibson of the Oklahoma City Police Department. The charge was filed on Dec. 5, after the department released footage showing Sergeant Gibson throwing a motorist, Lich Vu, to the ground.
“As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Mr. Drummond said in his statement. “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 episode began at about 10:30 a.m. on Oct. 27 when Sergeant Gibson responded to the scene of a minor accident involving Mr. Vu, according to a statement from Vicki Zemp Behenna, the Oklahoma County district attorney, announcing the charge.
In the video, Sergeant Gibson tells Mr. Vu that he is being issued a ticket for making an improper U-turn. Mr. Vu protests and the episode escalates swiftly, ending with Sergeant Gibson performing what the district attorney described as a “take down” of Mr. Vu, causing him to hit the pavement head first.
Mr. Vu was taken to a hospital with injuries that included a neck fracture and a brain bleed, the authorities said.
The footage was posted on the Facebook page of the Vietnamese American Community of Oklahoma, drawing condemnation from people who objected to the use of force against an older person.
After the episode, Sergeant Gibson was placed on administrative duty during an investigation, the Police Department said.
Mr. Vu’s current condition wasn’t immediately clear on Monday.
In his statement on Friday, Mr. Drummond, said that “it is never acceptable for a member of the public to strike, push, or otherwise make unwanted physical contact with a police officer.” In the video, Mr. Vu appears to tap Sergeant Gibson with the knuckles of his right hand.
Ms. Behenna said in a brief statement that she was “surprised and disappointed” that Mr. Drummond “took this case away from my office and the citizens of Oklahoma County.”
Mike Hunter, a lawyer for Sergeant Gibson, said in a statement that the decision to drop the charges “was well reasoned and correct.”
Although the criminal charges have been dismissed, Mr. Drummond said “an open and ongoing internal investigation” could lead to “non-criminal forms of accountability” for Sergeant Gibson.
“The Oklahoma City Police Department is conducting a thorough and rigorous investigation to determine whether Sgt. Gibson violated any policies or procedures,” he said. “The results of that investigation will determine what discipline he may face.”
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