Public indecency charges against an Anderson Township trustee have been dismissed after a judge found the alleged incident didn’t happen in public.
Kevin O’Brien was arrested last July and charged with three counts of public indecency last year after a woman contacted police.
The woman told police that O’Brien performed a sex act on himself May 13 in a car outside his house after she’d given him a ride.
On Tuesday, O’Brien’s attorneys contended that if the alleged act happened in a car in O’Brien’s driveway, it did not happen in “public.”
“They were secluded, there was only two people inside the car, it was dark at night,” John Issenmann said. “There was no public view of anything, no potential public view of anything, that’s not an area that is open to the public, for the most part.”
News 5′s Andrew Setters said prosecutors offered no rebuttal, and Judge Fanon Rucker found in O’Brien’s favor.
“No further comments at this time. I may have comments later on, but nothing at this time. I need a chance to digest what was actually said. Thank you,” O’Brien said after court.
Prosecutors told Setters they have no plans to refile charges.
