The trial of Michael Sippel, a suspended Rochester police officer charged with assault, could wrap up by Tuesday afternoon.

The trial got underway around 11 a.m. with the defense called one of their three expected witnesses, Rochester police officer Steven Tucker.

He was the officer who created a wanted board for the suspect Sippel and his partner were looking for when they instead stopped and arrested Christopher Pate. Pate was severely injured during his arrest. 

Tucker said all officers have the ability to review the wanted poster from the mobile data terminal in their cars. However, Tucker could not weigh in on the specific protocol officers use to determine when to review the board. 

"Officer MacAvoy said 'Hey, there's James Barrett,' and Officer Sippel reacted," said Defense Attorney Clark Zimmermann. "You can't expect a police officer to walk up to an individual who they suspect is a wanted felon with a photograph in hand."

Prosecutors in response argued there was no evidence that anyone in the case reviewed the Barrett poster prior to Pate's arrest. 

 

Zimmermann then called Macedon police officer Stephen MacNeal to the stand. The former Irondequoit police pfficer pulled over Pate in 2010.

MacNeal said during the traffic stop, Pate was asked to take his hands out of his pockets but he delayed. According to MacNeal, Pate evenually took his hands out of his pockets but had a cell phone and other items in his hands. 

Pate allegedly told the officer, “I am not Diablo" then put his hands back in pockets. MacNeal said Pate later removed his hands again but did not comply when asked to put his hands behind his back.

Following testimony, Zimmermann made a motion to have charges against Sippel dropped, saying the evidence was insufficient. However, it was denied by the judge.

Closing arguments are slated to begin on Wednesday.