LINCOLN PARK − The case against Dover Councilman Sergio Rodriguez for allegedly assaulting and harassing three homeless men he accused of drinking in public on a downtown Dover street is moving to a third venue.
Rodriguez appeared for a case management conference Thursday night in Lincoln Park Municipal Court to answer the charges leveled by Dover police following the confrontation with the men on Feb. 7 along Blackwell Street. Judge Andrew Wubbenhorst, acknowledging previous discussions with prosecutor Kim Kassar, announced the case would be transferred out of Lincoln Park to Kinnelon.
No specific reason for the transfer was discussed during the conference, but Kinnelon was chosen as the best venue to avoid "political conflicts" within Wubbenhorst's jurisdiction, which also includes Boonton and Boonton Township.
Incident on Instagram
Rodriguez, who took office in January, began his term by posting a series of street videos on social media in which he confronted alleged drinkers, trash ordinance offenders and other "quality of life" issues. He posted his video of the incident with the homeless men on Instagram on Feb. 7. It showed an escalated confrontation with three men in which Rodriguez appeared to kick a clear bottle out of one man's hands. When they left the street bench they were sitting on, Rodriguez followed them into the street.
Two days later, the Ward 2 Democrat was arrested and charged with single counts of simple assault and harassment, both disorderly person offenses. If convicted, Rodriguez faces penalties of up to six months in jail and fines up to $1,000.
Following the arrest, Dover Police Chief Jonathan Delaney stated that Rodriguez "became engaged in a verbal confrontation with the males" and later "assaulted one of the males by kicking the male's hand causing injury."
"Rodriguez continued to pursue the males while video recording after they attempted to leave the area and forced the males to cross the roadway," Delaney wrote. "Rodriguez attempted to block the males' avenue of escape, which caused a dangerous situation in the roadway."
"I just got my fingerprints taken, mugshot taken and I was handcuffed to a bench," Rodriguez, 29, posted on Instagram on Feb. 10. That post and other posts addressing the incident have since been removed from his Instagram account.
If convicted, Rodriguez faces penalties of up to six months in jail and fines up to $1,000.
Ongoing controversy
The incident is part of an ongoing controversy in town that has pitted Rodriguez and Mayor James Dodd in a heated public conflict with Delaney, who has received a letter of discipline from then-administrator BettyLou DeCroce for speaking out of turn at a council meeting.
That conflict is intertwined with another recent controversy in town - a lawsuit filed this week by DeCroce, a former Assemblywoman, who claims Dodd fired her because she refused to suspend Delaney. Her suit is seeking $15 million in damages.
No date was set for the Kinnelon appearance, which could come to trial in a special session if another case management conference is needed. Kassar suggested that date would not likely take place until August.
Rodriguez and his attorney, Joseph Scura, declined comment except to say they will "let the process play out."
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