Former state Sen. Dan McKeon’s case dismissed after diversion program completed

According to court documents filed Thursday, the case was dismissed with prejudice due to successful completion of the diversion program. McKeon was ordered to bear the costs of the case. Dismissal with prejudice means the case cannot be filed again.

McKeon told the Examiner that he was glad the case is behind him and that he recognized it was the path he needed to take to “clear his name.”

“Instead of being negative, I’m trying to turn all of this into a positive,” McKeon said.

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McKeon resigned from the Legislature minutes before debate was set to begin on a resolution to expel him, which if successful, would have been a first in Nebraska.

A State Patrol investigation initially led to McKeon being cited for misdemeanor public indecency in October, a Class II misdemeanor. Prosecutors ultimately charged him with disturbing the peace, a Class III misdemeanor.

McKeon had planned to plead no contest, according to his lawyer Perry Pirsch, but he changed course and pleaded not guilty after the Legislature’s Executive Board recommended expulsion. He has denied any inappropriate conduct.

McKeon’s March 19 bench trial date was postponed after he was accepted into a diversion program, which acts as an alternative to prosecution. Lancaster County Attorney Pat Condon previously told the Examiner that if McKeon completed the program, the case would be dismissed.

According to the Lancaster County website, diversion programs exist to help individuals “overcome their charges, avoid the consequences of having a criminal record, and address the underlying issues impacting criminal behavior.”

Pirsch previously said McKeon completed a “sensitivity training” at the Executive Board’s request before lawmakers pursued a motion to expel him.

McKeon said his diversion program consisted of community service, which he completed by putting up campaign signs for a conservative candidate he declined to name. He said he also completed an eight-hour “victim training” course and attended six counseling sessions.

“My client and I are hopeful that the diversion services completed provided some benefit to Mr. McKeon, and that he doesn’t repeat his past actions,” said Kathleen Neary, the attorney representing the legislative staffer.

The Examiner is not publishing the alleged victim’s name because it is the policy of States Newsroom and the Examiner not to identify people who say they have been abused unless they wish to talk publicly.

While McKeon said he doesn’t have immediate plans to run for public office again, he hasn’t ruled it out. He said he believes there aren’t enough public officials “doing the right thing,” and he called for more mentorship, love and respect “across the board.”

“If the stars align right, maybe,” McKeon said in response to a question about his interest in running for office.

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