Elderly man dies a year after being thrown to ground by police officer

Nolan Clay

The Oklahoman

USA TODAY NETWORK

An elderly man has died a year after an Oklahoma City police officer threw him headfirst on to the pavement of a parking lot during a traffic stop, his attorney confirmed.

Lich Vu died Oct. 3 at age 72.

His death was the result of injuries suffered during a police assault, attorney Devon M. Jacob said in a statement.

'While Mr. Vu had been living with cancer, it was police brutality that caused catastrophic injuries and medical complications that hastened his death,' said the attorney, who is suing over the use-of-force incident.

The police officer, Sgt. Joseph Gibson, resigned in February.

Gibson, now 29, had been charged in December with a felony, aggravated assault and battery. Oklahoma County District Attorney Vicki Behenna in a news release described his actions as unreasonable.

The same month, Attorney General Gentner Drummond took over the case and dismissed it. The AG said he would not let police officers 'face criminal prosecution for conduct adhering to their training.'

'While the outcome of this incident is unquestionably devastating for Mr. Vu and his family, I do not believe the officer exhibited criminal intent,' Drummond also said.

Vu and his wife sued Gibson, the city and Drummond in Oklahoma City federal court in April. They filed an amended complaint in June, dropping the AG from the case.

In an answer to the lawsuit, the city in August said the officer’s actions were constitutional and consistent with the city’s policies and training.

Vu was injured Oct. 27 while he was arguing with the officer over a traffic ticket following a minor vehicle collision in Oklahoma City. Body camera video released by police show Vu became upset after the officer told him, 'I have to write you a ticket for improper U-turn.'

'I didn’t do that,' Vu said.

Vu declined to sign the ticket and got out of his car, the video shows. The officer told him he would go to jail if he didn’t sign. 'I’m ready to go to jail,' Vu responded.

The lawsuit said Vu at that point lightly tapped Gibson with the back of his right hand on the outside of the officer’s bulletproof vest, a single time, then gestured with an index finger against his lips for the officer to be quiet.

The video shows the officer taking Vu down and handcuffing him behind his back. 'Get on the ground,' the officer said.

Vu suffered a traumatic brain bleed, a skull fracture, facial fractures and a broken neck, his attorney said. He spent weeks in the hospital and rehabilitation.

Vu died in his sleep at his home in Oklahoma City, said Thuan Nguyen, president of the Vietnamese American Heritage Community of Oklahoma.