Prosecutors in the bench trial against Rochester Police Officer Michael Sippel rested their case on Monday.

He is charged with misdemeanor assault.

Christopher Pate, 37, claims Sippel and Officer Spenser McAvoy ripped off his bookbag, tased him and punched him in the face after he was asked to show his ID. He suffered a fractured eye and broken jaw as a result. According to a police report, Pate, an African American man, was stopped because he matched the description of a wanted suspect. 

Defense Attorney Clark Zimmerman will call three witnesses to the stand on Tuesday. He says he has yet to decide whether Sippel will testify. 

In court Monday, statements Sippel previously made to a grand jury were read back. In it, Sippel said, “I then tried another discretionary jab for which he turned his head and I actually caught the hardest part of his head.” 

Additional body camera footage of Pate in the back of a police cruiser was also presented. A police witness identified Sippel’s voice in the video as the person saying, “I blasted my hand on his [Pate's] head."

Zimmerman filed a motion a motion to dismiss the case on Monday, however it was denied by the judge. 

Court will resume at 11 a.m. on Tuesday.