Foster parent sentenced to 24 months in prison for sexual abuse of child in his care
Gary McNerney turns his attention to Assistant Prosecuting Attorney Ron Welch during his sentencing hearing on May 29.
May 30, 2019
Family members and friends left the courtroom in tears Wednesday afternoon after a man was sentenced to prison for sexually assaulting a teenage foster child.
Over the course of 16 months, a 64 year-old man was found guilty of charges stemming from the sexual abuse of a girl 50 years younger than him that was living in his home.
In April, Gary McNerney pleaded no contest to two third-degree felony counts of endangering children. The court found him guilty of the charges.
Assistant Prosecuting Attorney Ron Welch said a plea of no contest is acknowledging that there is sufficient evidence to result in a guilty verdict at trial without pleading guilty to the charges.
During McNerney’s sentencing hearing, Welch requested Judge Mark Fleegle not consider leniency in McNerney’s case as his plea deal had cut him enough of a deal.
While Welch said McNerney was able to plead to reduced charges, he emphasized the damage that would be further caused to the victim if she was required to testify.
“Some victims are better suited to deal with the trauma of having to testify in a sexual assault case, and each kid is different,” Welch said. “In this case, there were several issues that we evaluated with the guardian and the child and discussed regarding what would be best for her and for trying to obtain an outcome that was somewhat adequate — understanding that there’s no punishment that really can replace what this victim lost.”
The victim originally was not forthcoming with information regarding McNerney as another child that had witnessed actions was sent to a group home after addressing what they saw, Welch said.
Contrary to Welch’s depiction of the defendant, defense attorney Benjamin Whitacre referenced McNerney’s work history, work ethic and the characteristics depicted by his family.
“He has an amazing family,” Whitacre said referencing an abundance of people that have supported McNerney throughout the case. “They all have amazing things to say about Gary.”
Throughout McNerney’s case, Whitacre said he submitted 40 letters to the court on behalf of family members and friends speaking out against the accusations against McNerney.
“I’ve been doing this for 15 years, and I don’t think I’ve ever submitted that many letters on behalf of a client,” Whitacre said in court.
Rounding out his defense, Whitacre said over 100 foster children had come through McNerney’s household over the years, and this is the only allegation that has ever arose against McNerney. He requested his client be sentenced to community control.
Before imposing a 24 month sentence, Fleegle said he received letters in support of McNerney, as well as a letter from the victim and the woman that is currently caring for the girl. He stated that the most disturbing aspect of the letters is that the victim is still dealing with the trauma and likely will for the rest of her life.
After considering the age of the victim and of the defendant, and the life-long impact on the girl, Fleegle denied the request for community control.
McNerney will be placed on post release control for three years following his release from prison.
Welch said the McNerneys are no longer fostering children.
Keith • Jun 1, 2019 at 1:17 pm
I have known this family for many, many years. I even went to school with children of this family. Knowing this family and the good that they would do for anything this is an obscure story and something that did not ever happen. Regardless of the girls age a plea deal should not have been pressured on Mr. McNerny and if the girl and whomever else brought the case forth then they should have been ready to go to trial. This family would not even squash a flea let alone endanger a child. All evidence should be brought to the surface. I mean it was the third time the “victim” has made such accusations shouldn’t that determine that something is wrong somewhere, maybe she needs a psych evaluation.
DeJay Davis • Jun 1, 2019 at 4:57 am
Nobody takes a plea when they are innocent. Shame on you for putting him as the victim. There has to be sufficient evidence for him to be charged. You guys need to wake up and realize when all you hear are excuses. BTK killer was a family man and church man..he fooled everyone.
Reya Lapp • May 31, 2019 at 1:57 pm
First of all it’s not slander! The justice system found him guilty! And quite honestly he got off easy!!
Jaden McElfresh • May 31, 2019 at 12:38 pm
There are so many pieces that have been left out of this story. This is the 3rd person that the “victim” has accused of some sort of assault. An innocent man has just lost 2 years of his life because 2 kids didn’t get their way and wanted to leave the home. Not only did Gary have character witnesses but expert witnesses ready for trial because what the girl said was impossible. This man has never even had speeding ticket. Please tell me how he was sentenced to 2 years for child endangerment? All of the sexual counts were dropped. He took the deal for fear of a jury finding him guilty because we all know that it can go either way. To all of the people reading this, please instill in your children that it’s not right to lie. This could happen to your son, father, brother, grandpa or someone close to you.
Ashley Harris • May 31, 2019 at 11:36 am
How Do Report Sexual Abuse On 2 Counts Of Child Endangerment You Need To Change Your Headlines Because His Family Thats Stands Behind Will Talk to His Attorney About Slander On His Name Everyone Only Knows One Side Of This Story Please Either Take This Down Or Change Your Headline Or We Will See Action Will Be Taken