Colts LB Josh McNary arrested on rape charge

January 15th, 2015 by Staff

McNary has played in 15 games for the Colts this season.

(RTV6ABC.COM) INDIANAPOLIS, Indiana – Colts linebacker Josh McNary was taken into police custody Wednesday evening on several charges including rape and criminal confinement.

McNary, 26, was also facing a battery charge in connection to an incident that reportedly happened on Dec. 1, 2014. He was released from jail around midnight Thursday, and has a hearing scheduled for 1 pm.

According to court documents, the 29-year-old victim met McNary at a bar in downtown Indianapolis, but she did not know who he was. She told authorities her friends left but she stayed behind and went with McNary back to his apartment.

According to court documents, the victim said the physical and sexual assault took place at McNary’s apartment. She told police she felt very drunk and fought with him before passing out. Before she left the apartment, she said she took his phone and gave it to police as part of the investigation. 

Police used the phone, surveillance video and information gathered in interviews to track down the victim’s alleged attacker — who was determined to be McNary, according to court documents.

Police wrote in a report that when they arrived at McNary’s apartment to investigate, McNary said: “I know why you’re here.” The report said McNary claimed to have preserved evidence because he expected the police would be coming.

The woman, whose name was redacted from the document, claimed the two engaged in a “physical fight” and that she scratched his neck, face, back and shoulder before the alleged sexual assault took place. According to the report, the woman also said she believed the man slapped her on the left side of her face with his hands before forcing himself on her.

Police reported that a nurse found dried blood behind the woman’s ear after she consented to a sexual assault examination, and that a friend of the victim played a 2-minute voice mail from the woman for police.

“At one point, the female can be heard crying and becoming emotionally distraught,” the report said.

The Colts released the following statement Wednesday evening:

We are aware that there has been a report about Josh McNary, but unfortunately that’s the limit of our knowledge.  At this time
we are very concerned and trying to find out what the relevant facts are, but we have insufficient information to venture any opinion.  As we learn more we will make appropriate updates.

McNary has been with the team for two seasons and has played 15 games this season.

His case will be one of the first handled under the NFL’s new Code of Conduct announced by Commissioner Roger Goodell in December. It increases the penalty for many violations — including domestic violence, calls for any person charged with sexual assault to immediately be put on paid leave and allows the NFL to take disciplinary action without waiting for the judicial process to be complete.

McNary is originally from Houston and played college football at Army, where he graduated career leader in sacks and tackles for loss. He still serves in the National Guard as part of his military obligation

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