INDIANAPOLIS — Prosecutors filed charges of rape, criminal confinement with bodily injury and battery resulting in bodily injury against Indianapolis Colts backup linebacker Josh McNary on Wednesday.
Early Thursday morning, an attorney for McNary released a statement saying his client “unhesitatingly” denied the allegations and had immediately reported Wednesday night to law enforcement officials in a “respectful and peaceful” manner.
According to the probable cause affidavit, two Indianapolis police officers said a 29-year-old woman accused an unknown man they later determined to be McNary of attacking her in the early morning hours of Dec. 1. Police, according to the report, determined the man was McNary after investigating a cellphone the woman claimed she took from the man’s apartment.
In the report, police said the woman also said an image of McNary in a group of photos had “looked familiar” but could not positively identify him. She also told police that she had told the man to stop.
The police also wrote that when they arrived at McNary’s apartment to investigate, the player 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 charges and affidavit publicly disseminated on Wednesday afternoon are not evidence of wrong doing but simply one side’s story,” the statement from attorney Ed Schrager said. “Joshua has full and confidence in the American way, including its justice system, which he pledged to protect and defend as a West Point graduate and lieutenant in the United States Army.”
McNary has been with the Colts for two seasons after finishing his college career as Army’s career leader in sacks and tackles for loss. McNary spent two years on active military duty to fulfill his commitment before signing with Indy in 2013. Indianapolis faces New England on Sunday in the AFC championship game.
Schrager said no other statements would be made on behalf of McNary or by the NFL player.
The Colts issued a statement saying they’re aware of the allegations.
“Unfortunately that’s the limit of our knowledge,” the team said. “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.”
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 and other injuries following a sexual assault examination, and that a friend of the accuser played a 2-minute voicemail from the women for police.
“At one point, the female can be heard crying and becoming emotionally distraught,” the report said.
McNary had 20 tackles during the regular season and no tackles in the playoffs, and still serves in the National Guard as part of his military obligations.