RPD officer Michael Sippel found guilty
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This morning, May 28, 2019, Judge Thomas Rainbow Morse found Rochester Police Department officer Michael Sippel "guilty of Assault in the Third Degree."
Judge Morse's written verdict in the trial against officer Michael Sippel
The verdict reads:
Yesterday we honoroed brave men and women, most far from their homes, who gave the last full measure of their devotion to protect the ideals we value and the lives we cherish. Last week we recognized the sacrifice and dedication of thousands of police officers who have chosen a difficult but rewarding professional path dedicated to serving and protecting inextricably diverse communities here in Rochester and across our nation.
Reaching a verdict in this and all other criminal cases is a necessarily arduous task willingly under-taken every day by dedicated jurors in countless courthouses. Each of their decisions proceeds, as does the court's verdict in this case, through the same process: first determine beyond a reasonable doubt what happened, then employ the applicable law. As this court noted earlier, a proper verdict should be based on those considerations alone, free from fear, favor or sympathy. Although it may be rendered in very few words, pronouncement of a verdict speaks volumes profoundly effecting the lives of those directly involved in each case.
Moreover, in a free, transparent and well-informed society, a verdict should not simply be click bait, a sound-bite, a headline or a springboard for mindless demagogy. Rather, depending on the context of the case, a verdict may afford all of us with an opportunity outside of the courtroom for reflection as well as passionate, reasoned and respectful discussion of important issues that can tear at the fabric of any community.
This case has never been about whether police officers can use physical force to effect a valid arrest–they can.
This case has never been about whether citizens can resist arrest whether it is authorized or not–they can't.
This case has always been about what happened between Officers McAvoy and Sippel and Christopher Pate on the afternoon of May 5th 2018 and the legal issues surrounding that street encounter.
Based on the credible direct and circumstantial evidence before this court, I find the People have dis-proven justification beyond a reasonable doubt and by the same standard proven Michael Sippel guilty of Assault in the Third Degree. The court is ordering the Monroe County Probation Department to conduct an out of custody pre-sentence investigation in this case returnable on July 25th at 2:00 PM which is the date now set for sentencing. This court is in recess.
This story will be updated.
