Body-worn camera video continues to be the focus in the trial of Rochester Police Officer Michael Sippel, who faces assault charges in connection with an incident from a year ago.
- Suspended RPD Officer Sippel's partner wraps up his testimony
- Officer Spenser McAvoy says situation escalated, fear was heightened
- The alleged victim, Christopher Pate, takes the stand Friday
Sippel is accused of assaulting Christopher Pate, who had been wrongly identified as burglary suspect, James Barrett.
Sippel's partner, Officer Spenser McAvoy, provided details about what happened that day on Bloss Street when he first approached Pate to produce an ID.
McAvoy testified Pate flashed an ID and kept walking.
But the situation quickly escalated, as Sippel approached and both officers shouted verbal commands in an attempt to subdue and handcuff Pate, who they say was being uncooperative.
"What we know is the individual never stopped, never produced an ID, flashed it at best and that these officers reasonably believed he was James Barrett," said Defense Attorney Clark Zimmerman.
After restraining and cuffing Pate, McAvoy testified that crowds began forming and there was a concern about safety to the point where they moved the scene to Dewey Avenue, where Pate was then transported to a hospital.
"Police officers throughout the country have concerns for their safety and for other members of the community. In a situation — especially street encounter — where the individual does not stop does not interact, continues to walk, does not want to produce identification, it heightens their concern," said Zimmerman.
Spectrum News also learned that McAvoy had previously arrested James Barrett. When the judge asked if McAvoy could have pulled up Barrett's photo before stopping Pate, McAvoy answered, "yes."
McAvoy was initially charged in the case, but was never indicted.
Both officers have been suspended with pay.
Christopher Pate is expected to take the stand Friday morning.