The Rochester police officer charged with assault in a police brutality case is heading to trial. 

Officer Michael Sippel walked into court Tuesday morning hoping to have his assault charges dismissed. He's been charged with misdemeanor assault for allegedly beating up 37-year-old Christopher Pate in May.

Pate claims that Sippel and Officer Spence McAvoy tased him and punched him in the face after he refused to show his ID.

Sippel says he thought Pate was a wanted suspect and when he asked for ID, Pate did not cooperate. The grand jury did not find enough evidence to charge McAvoy.

"Had the complainant in this case, stopped and conversed this never would have happened. That’s it. Instead he strengthened Officer Sippel’s belief he was the wanted person by his actions, by trying to avoid police contact and by using defamatory language toward the officer," said Clark Zimmerman, Sippel's attorney.

The case is scheduled to go to trial in March.

Judge Morse is asking anyone with video footage of the incident to come forward.