Indianapolis Colts reserve linebacker Josh McNary has been charged with rape, criminal confinement and battery resulting in bodily injury, according to documents filed Wednesday in Marion County Superior Criminal Court by the county prosecutor.
McNary, 26, is charged with one count of each offense — the first two are level three and level five felonies — and the latter is a Class A misdemeanor, as listed in the documents.
The probable cause affidavit reported the incident in question occurred in the early morning of Dec. 1, when a 29-year-old woman told police she met a man at a downtown bar after a night of drinking and he took her to his apartment, where she refused his advances, a physical altercation ensued and he raped her.
The woman told police she said, “Please don't do this,” began “fighting him” and described feeling “out of it,” according to the affidavit. She said she told the man, “No, I’m too drunk for this, I need to lay down, have to work, and I’m not OK with this.”
The woman said the man refused to let her leave, and she took the man’s cellular phone when she snuck out of the apartment, the affidavit states. The cell phone was eventually traced to McNary.
McNary told police when they arrived at his apartment, “I know why you’re here.” He pointed to the bedding and said, “I preserved it for you because I knew you would be coming.” Items belonging to the alleged victim were collected, “That’s her stuff right there,” McNary told police, according to the affidavit.
The woman and McNary underwent physical examinations, during which injuries were observed in both subjects, the documents state. The woman claimed she scratched the man’s neck, face, back and shoulder during the fight.
The Colts released a statement: "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 appeared in 15 games this season, mostly on special teams, with 28 tackles. He signed with the Colts in 2013 and appeared in five games as a rookie. He was Army’s all-time sack leader and then served two years of active duty.
Phillip B. Wilson can be found on Twitter (@pwilson24), Facebook and Google+.