A Monroe County grand jury has filed a charge against one of the two Rochester Police officers accused of using excessive force against a city man last May.
District Attorney Sandra Doorley says that the grand jury returned a misdemeanor charge of third-degree assault against Officer Michael Sippel. There were no charges filed against Officer Spenser McAvoy.
The two men had been suspended without pay in August after they were accused of using excessive force against 37 year old Christopher Pate. Pate had initially been charged with disorderly conduct and resisting arrest, but those charges were dismissed a few days later.
Doorley was asked by reporters about whether any other officer was charged by the grand jury:
“The grand jury has risen and there are no other charges that are to be filed, no other charges are coming from this investigation , that’s all I’m entitled to say by law.”
Doorley indicated she feels this type of incident is the exception rather than a pattern by city police officers.
“With the advent of body-worn cameras, and I’ve been on this job for 28 years, this is not normal, we don’t see this every day. The men and women of the Rochester Police Department and law enforcement are out there every day, putting their lives on the line. This is not the norm.”
Rochester Police officials this statement:
"The Rochester Police Department is aware of the Grand Jury’s decision involving two of our members. Due to this case being a pending matter before the court, and out of respect for the judicial process and our own internal investigation, it would be inappropriate to provide any further comment regarding this event.
The Men and Women of the RPD will continue to serve the citizens of Rochester with the highest level of service, respect, and professionalism."
The Reverend Lewis Stewart, president of the United Christian Leadership Ministry, says that his organization will advocate for the release of the officers’ body-worn video.
He also called for any ongoing investigation into the incident to be expedited.
Stewart claims “some officers have engaged in a repeated pattern of this type of behavior over and over again, and they would only get smacked on the hands.”
Stewart says he respects the fact that former Police Chief Michael Ciminelli recognized that the officers needed to be held accountable, and Stewart feels that the current, Interim Chief, Mark Simmons will do the same.
Rochester Mayor Lovely Warren also released this statement:
"The decisions handed up today by the Monroe County Grand Jury represent the first step in the judicial process. We must accept these decisions and allow the criminal justice system to take its course.
I want to thank the men and women of the Grand Jury for fulfilling their solemn duty as citizens. I also remain eternally grateful to the Rochester Police Department, for risking their lives each day to protect and serve the people of our city. I also want to thank our community and ask them to continue partnering with us as we do our best to provide safer and more vibrant neighborhoods, jobs and better educational opportunities for our citizens. "
