CASE DISMISSED: Painesville Councilman Mario Rodriguez Cleared of Criminal Trespass
Recap: Mario and his wife, Rachel, were charged with trespass for their role in a May 17 incident. MCT presents an exclusive post-dismissal interview with Councilman Mario Rodriguez.
PAINESVILLE, Ohio — At this time of year, Main Street in the morning twilight is a special place. Bright light posts glow in the misty air, and trees are adorned with holiday-themed lights. Old holiday favorites play along the walk. There was not a person or vehicle in sight.
In that atmosphere, it was easy to return to a sense of wonder and joy, one many of us first feel in childhood with the arrival of the holiday spirit. Walking up Main Street toward Painesville Square, its lights on full display, I felt like a little girl again. It was as if a tremendous weight had been lifted from my shoulders. My holiday season had been full of unforeseen difficulties. In that, I could relate to Mario and Rachel Rodriguez. I later remarked that, much like my walk through the holiday lights, a major burden had been lifted from Mario’s shoulders.
I made my way to Ana’s Attic, adjacent to the square. The coffeehouse and reading room, owned by the Rodriguez family, is always warm and inviting. Mario Rodriguez stood behind the counter that morning with a fresh trim and haircut. He was busy preparing and grinding coffee beans.
“There is such a different smell,” Mario offered, “between a roast done the day before and one done today.”
“Are you nervous for today?” I asked.
Mario paused.
“They’ve been trying to dismiss this out of court for a few weeks now,” Mario said, his hands busy working the coffee machine. “I think it’ll be dropped today. But anything can happen.”
Mario’s wife, Rachel, had already endured an all-day proceeding at Painesville Municipal Court on Nov. 5 for the same criminal trespass charge, along with an additional charge of obstruction of official business. While the obstruction charge did not hold, the criminal trespass charge resulted in a $25 fine. She is still in the appeals process.
A friend of the family arrived to pick up coffee and hot cocoa for what she hoped would be a solid turnout of supporters. Together, Mario, the family friend and I walked to the courthouse, just a block away from the coffeehouse.
As we walked, I reflected on the circumstances that brought the couple there. A midnight call from frightened children. Mario and Rachel Rodriguez pulled from sleep into action. Police who had detained the children without due process or adherence to civil rights procedures. A married pair of public advocates who sought to ensure the safety and wellbeing of children who trusted them.
When revisiting the facts, I thought about Police Sgt. Matthew Collins’ words directed at Rachel Rodriguez and her husband, Mario: “Give her a f***ing ticket. Sometimes you catch dolphins.”
When I reported that story, it was difficult to see the justification for charging the couple at all. That view appeared to be shared by the court.
Mario and his attorney, William Livingston, who also represented Rachel, sat at a table across from Judge Paul R. Malchesky’s bench. They were seated for no more than eight minutes. Special Prosecutor Matt Lallo recommended immediate dismissal of the charge against Mario Rodriguez.
Just like that, it was over. A cloud that had hung over the family since late May was gone.
“It was a complete vindication,” Livingston said outside the courthouse. “The result speaks for itself. Complete dismissal. No conditions attached, no strings.”
Livingston said court costs had been held in advance and that Mario would not have to pay anything.
“This prosecution did not need to go forward,” Livingston added, “because Mario is innocent.”
Back at Ana’s Attic, friends of the family and supporters from across Northeast Ohio gathered. The atmosphere was celebratory. The coffee shop felt as alive and vibrant as the holiday lights earlier that morning. Mario appeared more relaxed as he showed Livingston around the shop, taking in the decor. As the crowd thinned, Mario and I spoke at length.
“I feel grateful that it’s over,” Mario said. “It’s definitely a toll. To think that it took them days to file charges, and then months to begin hearings. It could’ve been dismissed within those few days and in the months after. It could’ve all been avoided.”
When asked why the case was not dismissed earlier, Mario looked toward the back office.
“That’s a great question,” he said. “I pondered that. Why wouldn’t they dismiss it? Obviously, there are questions that bring up a lot of unknowns. As a councilman, I think I need to look into it.”
Asked whether his fellow council members had offered support, Mario did not hesitate.
“It’s been kind of silent, unfortunately,” he said. “That is a little disheartening.”
When asked whether he felt abandoned by his colleagues, Mario replied simply, “It looks that way.”
He continued to stare off, perhaps finding comfort in the artwork on the walls or reflecting on the emotional toll of the ordeal.
“I don’t think it’s because I’m newly elected,” Mario said when asked. “I just don’t think they wanted to be involved. I don’t see why it would matter, especially knowing the situation, knowing my character, knowing my wife and all we’ve done as positive advocates for our community. It doesn’t make sense.”
Support from the community, however, was unmistakable.
“It’s been a breath of fresh air,” Mario said, “To see how many people have been supportive, willing to come out and spend time. I’m thankful for everyone who reached out and sent positive messages. It feels good to hear that and to see that.”
After a pause, he continued.
“And I will say, out of darkness comes light. There have been a lot of amazing things happening. It’s been a catalyst for incredible projects. We’ve made new friends, business contacts and community connections. Coming out of this, I think more positive things are going to come to the community and everyone involved.”
Reflecting on the parents of the children involved, Mario said he and Rachel were careful not to burden them further.
“They’ve been stressed enough with what their kids went through,” he said. “Those who wanted to reach out have. They don’t need to be pulled into this.”
Asked whether they would do anything differently, Mario said the experience emphasized the importance of preparation and personal safety.
“Having things in place to protect yourself is important,” he said. “Everybody needs to use this as a learning experience.”
Mario said he hopes the outcome encourages others who may find themselves advocating under pressure.
“I think this was meant to have the opposite effect,” he said. “But it shows people that standing up and doing what’s right matters. You can get through it, and positivity can come from it.”
As the conversation ended, Mario offered a final thought.
“This case raises a lot of questions, and they deserve reflection,” he said. “I’m glad the charges were dismissed, and it confirms that I acted lawfully and in good faith. I want to move forward and continue to serve the community with integrity. This won’t stop me from being an advocate, professionally or personally. Please reach out.”
Behind us, above the registers at Ana’s Attic, a simple message reflected the spirit Mario and Rachel carried throughout the ordeal. Every action had been inspired, according to the couple, by their love for the community.
“You are loved.”
