The fate of a suspended Rochester police officer charged with misdemeanor assault now lies in the hands of a judge, who is expected to render his decision next week.

Closing arguments wrapped up Wednesday in the bench trial of Officer Michael Sippel.

Sippel is accused of assaulting Christopher Pate, who had been wrongly identified as a burglary suspect.

Pate, who was seriously injured during the arrest last May, testified he properly produced an ID to officers.

Sippel's partner, Spenser McAvoy, testified Pate was asked several times for an ID, and he never complied.

Some of the questions under consideration: Did Sippel believe Pate was the burglary suspect James Barrett, and were his actions then justified?

"Officers, as I've said before, are presented on a daily basis and have to make split-second decisions with potentially dangerous situations. Under this situation, they acted reasonably,” said Defense Attorney Clark Zimmerman.

"No one is above the law, not even in law enforcement. The evidence is clear, the video is clear, there was nothing reasonable in this situation,” said Assistant District Attorney Gina Clark.

Sippel remains suspended with pay.

 

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