RPD officers suspended, may face charges for excessive force

Sean Lahman , Justin Murphy | Democrat and Chronicle

Show Caption Hide Caption Mayor, police chief discuss allegations of excessive force Two Rochester Police Department officers have been suspended without pay over allegations of excessive force in a May incident.

Two Rochester Police Department officers have been suspended without pay over allegations of excessive force in a May incident, Mayor Lovely Warren announced Tuesday. The Monroe County District Attorney's office will review the case to determine whether criminal charges are warranted.



Both officers have been brought up on internal charges and suspended pending disciplinary proceedings that could, if sustained, result in the termination of their employment with the department.

Christopher Pate, 37, said he was approached by officers in an unmarked vehicle at Fulton Avenue and Bloss Street around 4:45 p.m. on May 5. Officers claimed that Pate matched the description of an individual on their "most wanted" board.

Pate said that after he provided his identification and proved he wasn't the person they were seeking, the officers continued to escalate the situation and initiated a physical confrontation.

According to Pate, the officers tased and handcuffed him then punched him repeatedly, breaking bones in his face.

More: Andreatta: Christopher Pate's 'crime' was jaywalking when he was allegedly beaten by police

Police chief Michael Ciminelli said the two suspended officers were the only ones involved in the incident. He did not identify them by name, saying only that one is a six-year veteran and the other is a nine-year veteran.

But court papers filed by Pate identify Spenser McAvoy as one of the officers involved in Pate's arrest. Since then, additional documentation has identified Michael Sippel as the other officer involved, according to Pate's attorney, Mark Foti.

The incident was captured on one officer's body-worn camera. Warren said she has seen the video and found it disturbing.

"What I saw not only angered me and troubled me but hurt me to my heart," Warren said. "In this country and this city in particular, people with this kind of authority must be held accountable."

Statement from Mayor Warren, RPD Chief on suspension of two officers accused of excessive force. pic.twitter.com/g6TsqTnjAi — Sean Lahman (@seanlahman) August 28, 2018

That video has not been released but Warren said it will become public once the case is adjudicated. Only one of the two officers fully complied with department regulations in terms of turning on his body camera, Police Chief Michael Ciminelli said.

He also apologized to the community for what happened in this case.

"This was a tremendous failure of two police officers to honor the rights all our citizens should enjoy," he said. "Every member of this community deserves the protection of the Rochester Police Department, and we failed to protect that individual that day. I’m profoundly sorry that happened, not only for this citizen but for all the officers who go out every day and serve with honor and courage."

Pate was charged with disorderly conduct and resisting arrest, but those charges were dismissed a few days later in City Court.

More: City man alleges police tased him, punched him while he was handcuffed

"It wasn’t even that officers went too far in making an arrest," Ciminelli said. "This arrest should not have been made in the first place, and it triggered a series of events that was frankly outrageous."

The Rev. Stewart discusses alleged police assault of Christopher Pate Pate says police tased and handcuffed him, then punched him in the face, causing a broken jaw and other injuries

Pate appeared at a news conference earlier this month with the Rev. Lewis Stewart, an outspoken advocate for criminal justice reform in Rochester.

"There is a war being perpetrated on black men both locally and nationally by law enforcement," Stewart said. "The only way this kind of behavior will be stopped is if we make an example of these cops. We need to let them know that the public condemns violent racist behavior perpetrated by those who are supposed to protect and serve."

Stewart said that the case is part of a broader problem within the police department.

"There is a history of black men who are given bogus charges after being physically assaulted by the police." Stewart said. "No person, whether a suspect or a perpetrator, should be subjected to a beating."

Potential lawsuit

Stewart said that Pate filed a complaint with the Center for Dispute Settlement. Earlier this month, a notice of claim was filed, a precursor to a potential lawsuit.

In that legal notice, Pate's attorney Mark Foti only named one officer — McAvoy — because his was the lone name on the initial police report he received, Foti said. Since then, other documentation has identified Michael Sippel as another involved in Pate’s arrest. Foti plans to amend the complaint to also name Sippel.

Foti said Tuesday that the statements made at the news conference are "consistent with what we’re aware of in regards to what took place that day."

Foti has yet to see the body camera footage, but said he has spoken to individuals who have seen the footage.

"Everything we’ve heard suggests that the portions of the interaction caught on video display a very excessive use of force," Foti said.

Ciminelli said at the news conference that one officer’s body camera was not engaged for part of the arrest. Foti said the police reports he has seen say that one officer said he was not aware his camera was off.

This incident demonstrates the value of the body cameras, Foti said.

"It seems that the police department intends to demonstrate through this unfortunate incident that the body camera is there for a reason," Foti said. "It has to be used."

Ciminelli acknowledged the benefits of the body-worn cameras in providing an objective account of incidents for investigators. While the footage in this case led to disciplinary action, Ciminelli said that there have been other instances where video from the cameras has exonerated officers accused of misconduct.

"When we embarked on this program, we knew full well there would be cases — and there have been — that exonerated officers," Ciminelli said. "We also knew there were going to be some cases where this was going to prove the validity of complaints against officers. We have followed that road an the evidence wherever it leads."

A notice of claim was filed against city on Aug. 3 related to allegations of excessive force in Christopher Pate arrest. (Likely to be topic of RPD press conference.) Notice names one officer - Spenser McAvoy. — Gary Craig (@gcraig1) August 28, 2018

Community relations

At the Tuesday press conference, Warren said her own grandfather was once arrested on racially motivated, trumped-up charges in South Carolina.

"To have a city (resident) be treated this badly and have his rights trampled upon — the rights guaranteed him by the Constitution — showed me we still have work to do to earn trust in this community," she said.

Ciminelli concurred when asked why city residents should trust the police: "I don’t expect them to trust us. I expect the Rochester Police Department to earn that trust, and to the extent we’ve lost that trust, it’s our responsibility to earn it back."

The incident gets at the heart of the city's consideration of a more independent Police Accountability Board. Councilman Willie Lightfoot said Tuesday that the group working on that issue will have a draft ready to circulate to City Council members this week and potentially available for public review at the September meeting.

SLAHMAN@Gannett.com

JMURPHY7@Gannett.com

Includes reporting by staff writers Gary Craig and Brian Sharp.