Butler Councilman Will Contest Child Endangerment Indictment
Sean McNear pointed loaded BB gun at five-year-old's face, authorities claim.
Butler Councilman Sean McNear was indicted on child endangerment charges Thursday after authorities said he pointed a loaded BB gun at and threatened to shoot his five-year-old son.
McNear was officially indicted on charges of one count of second-degree endangering the welfare of a child; one count of second-degree possession of a weapon for an unlawful purpose; and one count of fourth-degree aggravated assault, according to a release prepared by Acting Morris County Prosecutor Fredric Knapp and Butler Police Chief Ed Card.
McNear, 45, was arrested in November 2011 after an affidavit claimed the boy told authorities McNear had pointed the gun in his face in his bedroom two years prior and in 2011, choked and punched him in the face with a closed fist. The affidavit stated that the boy told officials McNear had hit him before. According to the release, the boy's initial complaint made in 2011 was to a teacher.
An investigation was prompted after a witness reported to the Butler Police Department on Nov. 18 that the boy was being physically abused by McNear.
McNear was sworn in to his seat on the council less than two months later. Borough Attorney Robert Oostdyk said then that even if convicted, council members are only required to forfeit their seats if found guilty of a specific set of crimes.
McNear's attorney, Peter Gilbreth of Morristown, said he will be contesting the indictment.
"It took over two years for the family to come forward to make these allegations after they allegedly happened," he said. "That's one of the issues which we plan to present to the jury."
Gilbreth said it could be weeks before McNear appears in court for a formal arraignment.
Knapp thanked Card and the Butler Police Department, as well as the Morris County Prosecutor's Office Sex Crimes/Child Endangerment Unit for assisting with the investigation.
In This article
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Butler Borough Offices
1 Ace Rd, Butler, NJ -
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Butler Borough Police Department
10 High St, Butler, NJ -
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DaRusso
5:51 pm on Thursday, March 7, 2013
Now will this guy step down from office?
SD
1:53 pm on Friday, March 8, 2013
If you are going to base your question solely from this article, maybe you should first look into the facts.
Young Stingy
6:37 pm on Friday, March 8, 2013
SD!
All DaRusso said was if he will step down from office!
He asked a question for goodness sakes!
Dory Degen
10:46 pm on Sunday, March 10, 2013
No, he isn't stepping down. He is contesting the indictment (that is the title of the article). I remember being amazed when he was allowed to take the seat months after this came up. What has our leadership come to? I wonder if it becomes really quiet and embarrassing when it is his turn to speak about voting on issues like bullying. "Well, my fellow councilmen and women, are we talking about calling names or full out assault?" Yikes!
Jeff B
1:26 pm on Friday, March 8, 2013
No he shouldn't step down. He is innocent until proven guilty. Two years of abusing a child and no one stepped in? Where was the mother, grandparents, teachers, doctors? Too many men being wrongly accused.
Sherry
9:30 pm on Friday, March 8, 2013
Jeff B REALLY SOUNDS LIKE YOU ARE TAKEN THIS PERSONALLY???????????????????
Ken Montanye
8:27 am on Monday, March 11, 2013
Under the first amendment of the United States Constitution, Sherry has the right to her OPINION.
More residents should be concerned about the future of their community and attend council meetings and voice their contructive ctiticism of town matters that effect them.
Councilman McNear was charged and convicted, he has a right to an appeal.
Like in the cases of spousal abuse and rape, the VICTIM is reluctant to come forward.
What do you expect from a five year old?
I would also like to remind those here in this forum that the councilman was also involved in road rage. Was that also not so?
Norman Pandozy
7:33 am on Saturday, March 9, 2013
F
Norman Pandozy
7:34 am on Saturday, March 9, 2013
Sherry should be permanently banned from the patch. She is obviously handicapped and her comments are consistently an embarrassment to herself and the town of Butler.
Dory Degen
10:52 pm on Sunday, March 10, 2013
Ebarrassing.....it is a toss up between this councilman still holding a seat after abusing a 5 year-old and the weird drunk lady found wandering down Macopin Road after crashing her car. Let's take a vote.....?
Ken Montanye
8:28 am on Monday, March 11, 2013
Maybe you should attend council meetings to see first hand what goes on in town.
Wilma Fingadue
6:46 pm on Monday, March 11, 2013
Shame on you Norman. You should be banned from polite society.
Tugwalla
10:57 am on Sunday, March 10, 2013
I find it odd that the Patch doesnt disclose that this guy is a Republican and this is not his first run in with the law....what's with the cover up?
Young Stingy
1:10 pm on Sunday, March 10, 2013
Tugwalla,
You're absolutely right, I've found when youngsters have gotten in trouble and their stories have been posted on this website, follow up stories always appear to ensure the tarnishing of their prestigious names.
Dory Degen
10:58 pm on Sunday, March 10, 2013
What are the "specific set of crimes" one can lose their seat over after being found guilty? This article implies that even if McNear is found guilty his seat won't be forfeited? Does anyone know what those set of crimes are since the author left that out? Butler sure is a strange town.
Norman Pandozy
10:21 am on Monday, March 11, 2013
Opinions have no place in a legal matter. This case involves the welfare of a child and a man's guilt or innocence. Why don't you show some respect and keep your opinions to yourself. This has nothing to do with the Butler Town Council which in case you haven't noticed Ken, is not a court of law.
Ken Montanye
9:33 pm on Monday, March 11, 2013
If a councilman cannot control his actions, how can he represent the taxpayers in our community?
He was charged and convicted and has his right to an appeal.
What about road rage?
How many council meeting have you attended?
We have our right to our opinion especially since our tax dollars ar involved and we need compentent leaders.
STG
6:46 pm on Monday, March 11, 2013
What a pathedic example of a father. Funny how nothing is mentioned about his road rage innocent involving an off duty police office on Route 23. If your needing a picture of a Narcissist, you have found one above. He doing what you do best Sean - drinking.....
Sherry
6:57 pm on Monday, March 11, 2013
NORMAN PANDOZY, REALLY SOUNDS LIKE YOU HAVE A PERSONAL PROBLEM WITH ME. AND IT IS MIY RIGHT AS A TAX PAYER TO VOICE MY OPINION. VERY SORRY THAT YOU FEEL THAT A REPPESENTIVE OF OUR TOWN HAS SUCH LEGAL PROBLEMS AND AS TUGWALLA SAID THIS ISNT HIS ONLY RUN IN WITH THE LAW .
Ken Montanye
9:36 pm on Monday, March 11, 2013
Sherry is a concerned taxpayer and has the right to her opinion. At least she takes the time to research and comment on her data.
More resident shold take the time to go to the council meetings.
Norman Pandozy
6:40 am on Tuesday, March 12, 2013
I would like to apologize for my recent post suggesting Sherry be permanently banned from commenting on the Patch. It was offensive to the handicapped and was incomplete. Both Sherry and Ken should be banned. Go post your "opinions" on Facebook or some other social media where other morons care what you say. Ken can't even read and has posted twice that the Councilman was convicted. He was indicted, buy a dictionary. I am willing to bet that more people do not go to Council meetings because they don't want to hear you drone on about meaningless crap and waste people's valuable time.
Wilma Fingadue
10:13 am on Tuesday, March 12, 2013
Norman you are a digrace. However, I have to agree with you that a conviction and an indictment are two different things. Just because Sherry and Ken are not as smart as you doesn't give you the right to belittle them in an open forum.
Sherry if you didn't post things in all caps people might take you more seriously.
Ken Montanye
9:04 am on Wednesday, March 13, 2013
Once again Norman, both Sherry and I have the right to our opinions. Its people like you that are a disgrace to this site.
I guess the TRUTH hurts you Norman, if this is your actual name.
As I have asked previously, how many council meetings have you attended lately?
Constructive criticism is what our town desperately needs, both pro and con.
Ken Montanye
9:09 am on Wednesday, March 13, 2013
Wilma, for you to say that we aren't as smart as "Norman " is an understatement.
Do you know us personally? Do you know our educational back grounds?
If "Norman" wants to have an opinion, that's fine.
This topic isn't being discussed on Facebook or any other social media outlet.
This is a news item being offered here for the benefit of the readers.
We have the right to our opinion as does anyone else on here.
Norman Pandozy
2:13 pm on Wednesday, March 13, 2013
What part of the fact that you don’t understand the difference between an indictment and a conviction is an "opinion"? I think that is either factual or not. Ken, you are absolutely correct in that both you and Sherry have the right to your opinions. This article is about an alleged crime. A crime that just happens to involve a Councilman. How would someone’s Town Council meeting attendance record have anything to do with the facts of this case? No matter how many Council meetings I attend it will not affect that fact. In fact it makes zero sense why you keep asking that question?
DaRusso
5:15 pm on Wednesday, March 13, 2013
I will agree, it is an understatement.
Norman Pandozy
2:14 pm on Wednesday, March 13, 2013
Now let me try this again. He was indicted not convicted. Do you understand the difference? Maybe you should ask Sherry since you say she “takes the time to research and comment on her data” Ken, please explain why more residents should take the time to go to council meetings and how it has anything to do with this news piece? You just don’t get it. Your comments are completely disrespectful to this family. Your comments are directed at the Council. If this was an article about a tax increase we would all be forced to endure your mindless, inaccurate, and mostly misspelled comments. Ken, you are the reason more people do not go to Council Meetings.
Sherry
3:54 pm on Wednesday, March 13, 2013
Dear Norman Pandozy, I really do not care what you say. Because small people like you are called BULLIES I will not entertain your comment and neither should you Ken The reason why you do not show up for meetings is the same reason you use a fake name you do not exist......... AND for Wilma when you have dealt with people like Norman and his bunch as long as me, You want to be heard they do not take any one serious, For them being smarter i have to disagree with that. But thanks for your view,
Wilma Fingadue
4:35 pm on Wednesday, March 13, 2013
Sherry, I don't know Norman and have never met or dealt with him. He does seem angry in a lower case kind of way. Sorry about saying you and Ken weren't as smart as Norman. I meant that Norman had made a competent and rational statement about the difference between an allegation and a conviction.
Ken your statement below is a good example of the type of thing Norman thrives on.
"Wilma, for you to say that we aren't as smart as "Norman " is an understatement."
DaRusso
5:24 pm on Wednesday, March 13, 2013
While I don't condone personal attacks, I have to agree that there is a HUGE difference between indicted and convicted. A real meeting of the minds here except the minds forgot to show.
Ken Montanye
6:07 pm on Wednesday, March 13, 2013
Truly amazing how Norman Pandozy doesn't exist..........I did my homework !
Norman Pandozy
6:26 pm on Wednesday, March 13, 2013
You must have done some homework. You spelled the entire post correctly and used proper grammar and punctuation. See I am helping you be more relevant. Now buy a dictionary and look up the word understatement. Congratulations Sherry you found the caps lock button on your keyboard. I bet you have been wondering for awhile now what that button was for. For the record I didn't say that you were not as smart as myself. It was Wilma who made that observation. I loved the fact that Ken pointed out it was understatement and that Sherry thanked her. You guys are too much. Good luck with your homework Ken and keep going to those meetings. Bye for now.
Ariana Cohn-Sheehan
8:24 am on Thursday, March 14, 2013
Hi everyone, we've had to delete some comments on this thread. Commenting is intended for users to discuss the issue or topic related to the story, not for name-calling. Please refrain from such notes, but thank you to everyone contributing to the dialogue on the story itself.
Sherry
2:33 pm on Thursday, May 23, 2013
Just a up date. The new court appearance is 06-05-2013 in Morristown lets see what the out come is?